Kerala

Kozhikode

CC/08/259

MURALEEDHARAN - Complainant(s)

Versus

THE PROPRIETOR - Opp.Party(s)

29 Oct 2008

ORDER


KOZHIKODE
CONSUMER DISPUTES REDRESSAL FORUM,CIVIL STATION
consumer case(CC) No. CC/08/259

MURALEEDHARAN
...........Appellant(s)

Vs.

THE PROPRIETOR
M/S FREEZE KING REFRRIGIRATORS
WHIRLPOOL HOME CARE CENTER
...........Respondent(s)


BEFORE:
1. G YADUNADHAN2. JAYASREE KALLAT3. K.V.SREENIVASAN

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

By G. Yadunadhan, President: The case of the complainant is that he purchased Whirlpool R/F 10707 Steel body Refrigerator from the 1st opposite party’s shop for an amount ofRs.11,377/- on 28.4.2007. From the very beginning it was defective. When the complainant brought the defects into the notice of the 1st opposite party, the Fridge was got repaired through 2nd opposite party, the authorized service agent on 20.6.2007. But even now the defects were not cured. Complainant approached the opposite party continuously. The complainant sent a registered notice to the opposite parties. After receiving the notice opposite party approached the complainant and inspected refrigerator and informed him that the defect of leaking water is due to the unsized water tray fitted in the refrigerator and to replace this tray. For this, complainant has to pay Rs.1000/- to the opposite party. Complainant caused much loss, injury and hardship. Hence complainant seeking relief to replace the refrigerator or to refund the purchase amount of Rs.11,377/- with interest thereon @ 18% per annum from 28.4.2007 till payment and a compensation of Rs.10,000/- and cost of this proceedings. Opposite parties after duly serving notice called absent and set exparte. The complainant filed affidavit and Exts. A1 to A4 were marked on the side of the complainant. From the affidavit and Exts. A1 to A4, the complainant’s case is proved. In the result petition is allowed and the opposite parties are directed to pay an amount of Rs.11,377/- towards the cost of the fridge and compensation of Rs.5,000/-. Opposite parties are jointly and severally liable to compensate the petitioner. Payment shall be made within one month. Pronounced in open Court this the 29th day of October 2008. Sd/-President Sd/-Member Sd/-Member APPENDIX Documents exhibited for the complainant: A1 Photocopy of the Bill No.l24122 dated 28.4.2007. A2 Photocopy of Warranty. A3 Photocopy of Delivery Note. A4 Photocopy of Registered Notice. Documents exhibited for the opposite parties: Nil. -/True copy/- Sd/-President. (Forwarded/By Order) Senior Superintendent.




......................G YADUNADHAN
......................JAYASREE KALLAT
......................K.V.SREENIVASAN