DATE OF FILING : 17.10.2011

BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 29^th day of November, 2011

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.BINDHU SOMAN MEMBER

C.C No.211/2011

Between

Complainant : Saji K. Joy,

Kanathil House,

Thazhuvamkunnu P.O.,

Kallookkadu, Idukki District.

(By Adv: Shiji Joseph)

And

Opposite Parties : 1. The Proprietor,

Alappat Agencies,

Matha Shopping Complex,

Thodupuzha, Thodupuzha P.O.,

Idukki District,

2. The Managing Director,

Samsung India Electronics Pvt. Ltd.,

3^rd & 4^th Floor, Tower C,

Vipul Tech Square, Sector 43,

Gurgaon – 122 009, Haryana.

O R D E R

SMT. BINDHU SOMAN (MEMBER)

The complainant had purchased a Samsung Fridge on 28.10.2010 for Rs.9,700/- from the 1^st opposite party. The 2^nd opposite party is the manufacturer of the fridge. The opposite party offered 1 year warranty and 60 months warranty for the compressor. After some months, the fridge showed complaint. The stored materials became damaged due to dehydration. The complainant reported the matter to the 1^st opposite party, but the 1^st opposite party never inspected the fridge. Then the complainant booked a complaint on 24.3.2011, that is not responded, again the complainant rebooked the complaint on 28.3.2011 and 8.4.2011. However, the opposite party did not respond his complaint. Due to the irresponsible dealing of the opposite party, the complainant had suffered severe pain and mental agony. The non-rectification of the defect of the fridge the complainant could not use the same even 1 year after its purchase. Hence this complaint is filed before this Forum.

2. The opposite parties are not appeared. Inspite of notice of the Forum, the opposite party was absent, and made exparte.

(cont....2)

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3. The point for consideration is whether there was any deficiency in service on the part of the opposite party, and if so, for what relief the complainant is entitled to?

4. No oral evidence adduced by the complainant and Exts.P1 to P3 marked on the side of the complainant.

5. The POINT :- Ext.P1 is the warranty card of the fridge issued from the 1^st opposite party and it shows the 2^nd opposite party's address also. Ext.P2 is the copy of the bill of the disputed fridge, dated 28.10.2010, issued from the 1^st opposite party. Ext.P3 is the receipt given by the 1^st opposite party, which shows the booking of the complaint. The complaint No.8431144894 is also mentioned in Ext.P3. The documents produced by the complainant are supporting his petition. The 1^st opposite party is the dealer of many Home Appliances, have direct relation to the customers. The 2^nd opposite party is the manufacturing company named Samsung India Electronics Pvt. Ltd..

The Ext.P2 shows the purchase from the 1^st opposite party. Ext.P2 is the warranty given by the 1^st opposite party and it is authorised by the 2^nd opposite party. The complainant bought the fridge on 28.10.2010. Ext.P3 receipts shows that the complainant had booked complaint on 24.3.2011 within 5 months of purchase, the thing became defective. Ext.P3 is also shows that the complainant had booked the complaint in 3 days that is on 24.3.2011, 28.3.2011 and on 8.4.2011. The opposite

party did not care the complainant. The irresponsible conduct of the opposite parties caused severe damages to the complainant. The 2^nd opposite party, a renounced company should keep good customer relations.

Hence the petition allowed. The opposite parties are directed to supply a new, same branded fridge to the complainant after taking back the old one and provide one year warranty, within 30 days of receipt of a copy of this order. The opposite parties are also directed to pay Rs.2,500/- as compensation and Rs.1,500/- as cost of this petition, within 30 days of receipt of a copy of this order, failing which the amount shall carry 12% interest per annum from the date of default.

Pronounced in the Open Forum on this the 29^th day of November, 2011

Sd/-

SMT. BINDHU SOMAN (MEMBER)

Sd/-

I agree SRI. LAIJU RAMAKRISHNAN (PRESIDENT)

(cont....3)

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APPENDIX

Depositions :

Nil.

Exhibits :

On the side of the Complainant :

Ext.P1 - Copy of the customer details cum warranty card of the fridge.

Ext.P2 - Copy of the bill dated 28.10.2010.

Ext.P3 - Receipt given by the opposite party, the booking of the complaint.

On the side of the Opposite Parties :

Nil.