IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM
DATED THIS THE 28TH DAY OF February 2018
Present: - Sri. E.M.Muhammed Ibrahim, B.A, LLM. President
Sri. M.Praveen Kumar,Bsc, LLB ,Member
CC.No.299/2016
Muhammad Rashid.R : Complainant
Residing at Ikkara Kizhakkathil
K.S.Puram, Karunagappally
Kollam
[By Adv.Maruthadi.R.Sreeraj, Kollam]
1. The Proprietor : Opposite parties
Supreme Home Appliances
Supreme Towers, Market Road
Thevarkavu Junction
Karunagappally - 690 518
2. The Managing Director
Whirlpool of India Ltd
Corporate Office , Plot .No-40
Sector – 44, Gurgaon – 122022
ORDER
SRI. M. PRAVEEN KUMAR, MEMBER
Complainant filed a complaint Under Section 12 of the Consumer Protection Act 1986. Complainant’s case is that complainant had purchased a Whirlpool A/C IT 3D cool V white 41074 from 1st opposite party on 08/03/2016 as per invoice No.2523 by paying a sum of Rs.32,000/- and which was availed loan from Bajaj Finance. The A/C is having warranty of 5 years. A/C was installed by the technician of the 2nd opposite party on 10/03/2016. Right from the beginning the air conditioner was not working properly and there is no cooling in the room . The matter was immediately informed to the first opposite party . After two weeks said
(2)
technician of the 2nd opposite party inspected the A/C and informed that the defect cured .
But defects were not properly cured and the A/C was not in a proper working condition . Since the defect occurred from the beginning and defect is in cooling segment it is clear that there is manufacturing defects in the air conditioner. So the opposite parties are jointly and severally liable to replace it with a brand new one or to refund the value of the air conditioner with interest
Complainant send an advocate notice to opposite parties in this regard. But opposite parties have neither send any reply nor refunded the value or replaced the defective A/C with new one.
Complainant purchased the air conditioner for a cool, fresh and dust free atmosphere . But due to the deficiency in service of the opposite parties the complainant could not avail the expected utility of the purchase of the article and the complainant is put to much mental agony , pain hardship and sufferings .
Hence the complainant approached the Forum praying to direct the opposite parties to refund Rs.32,000/-being the value of the air conditioner with interest @18per annum for the said amount and Rs.50,000/- as compensation and costs of the proceedings.
Even though notice was sent the opposite party were not turned up nor filed any version. Hence matter proceeded in the absence of the opposite parties.
- Whether there is any deficiency in service or unfair trade practice on the part of opposite parties?
- Whether the complainant is entitled to get the reliefs as prayed for ?
- Costs of the proceedings?
Complainant filed proof affidavit and got marked 5 documents as Ext.P1 to P5.
(3)
Heard the counsel for the complainant.
The unchallenged averments in the proof affidavit coupled with Ext.P1 invoice and Ext.P2 use and care guide would indicate that the complainant had purchased a Whirlpool A/C IT 3D Cool V white 41074 from the 1st opposite party on 08/03/2016 by paying a sum of Rs.32,000/-. It is also clear from the available materials that the A/C was installed by the technician of the 2nd opposite party at the residence of the complainant, that it become defective within 2 months and the matter was reported to opposite parties and not yet cured. It is clear from the available materials including Ext.P3 lawyer notice that the fact of the defects of the A/C installed by the opposite parties, was duly intimated to the opposite parties . But the opposite parties have not cured defects so far. In short it is clear from the available materials that the complainant had purchased a brand new A/C from the opposite parties and become defective and the defects were duly reported to the opposite parties but they have not cured the defects so far.
It is also clear from the available materials that the brand new A/C become defective and the malfunctioning within two or three months ie with in the warranty period and the opposite parties have not turned up and cured the defects. Hence it is clear that there deficiency in service of opposite parties .
In view of the averments unchallenged affidavit and Ext.P1 to P5 documents it is clear that the complainant could not avail the expected utility of the purchase of the article and at the same time it has caused much mental agony , pain, hardship and suffering to the complaint. Hence we are of the view that there is gross negligence , deficiency in service and unfair trade practice on the part of opposite parties. Hence the complainant is entitled to get relief sought for from the opposite parties. The Points answered accordingly.
(4)
Point.No.3:-
In the result, complaint stands allowed directing the opposite parties to refund the value of A/C ie Rs.32000 with 9% interest from the date of filing of the complaint, Rs.10,000/- as compensation within 45 days from today failing which the complainant is entitled to realize the same with interest 12 % per annum till the realization along with Rs.3000/- being the costs of the proceedings from the opposite parties and its assets.
Dictated to the Confidential Assistant Smt.Vijimole.G transcribed and typed by her corrected by me and pronounced in the Open Forum on this the 28th day of February 2018.
E.M .MUHAMMED IBRAHIM:Sd/- M.PRAVEENKUMAR:Sd/-
Forwarded/by Order
Senior Superintendent
INDEX
Documents marked for the complainant
Ext.P1:- True copy of invoice No.2523 dated 08/03/2016 issued by 1st opposite party.
Ext.P2:- Use and care guide
Ext.P3:- Office copy of advocate notice dated 23/05/2016
Ext.P.4:-True copy of postal receipts (2 nos)
Ext.P.5:- Acknowledgment card
E.M .MUHAMMED IBRAHIM:Sd/-
M.PRAVEENKUMAR:Sd/-
Forwarded/by Order
Senior Superintendent
