(Delivered by Sri P. Ramesh Babu, President)

          The complaint is filed by the complainant under section 12 of Consumer Protection Act, 1986 for giving direction against the opposite parties jointly and severally either to rectify the defects in the refrigerator or to replace the defective refrigerator with a new one or to refund the price of such refrigerator; paying an amount of Rs.5,000/- towards compensation for causing mental agony and physical sufferance and for payment of costs of Rs.2,000/-.

2.       The material averments of the complaint filed by the complainant so far as the present controversy is concerned, in brief, are as follows:-

          The complainant purchased one KELVINATOR Ref KCL 205 SCAM-FDB refrigerator which will be hereinafter referred to “Refrigerator” for Rs.12,500/- from   1^st opposite party on 14.5.2014 against the cash bill that warranty was given to the above refrigerator for a period of one year for some parts and four years for compressor that the 2^nd opposite party is the manufacturer of the same that in the month of June, 2014 a big sound came from the refrigerator which cannot be heard due to which, the complainant made a report to 1^st opposite party that in pursuance of the report given by the 1^st opposite party, it’s Authorized Service Engineer approached the house of the complainant, examined the refrigerator and stated that there is a problem in the compressor that except stating that, the above defect was not rectified by the opposite parties inspite of demands and legal notice and that the complainant filed the complaint for the above refliefs.        

3.       The 1^st opposite party remained absent after receipt of notice of this complaint on 28.10.2014.  Whereas the 2^nd opposite party having made his appearance through his Advocate by way of filing a memo offering vakalat on his behalf on 28.10.2014, did not file any vakalat subsequently nor contested the matter and ultimately he too remained absent.      

4.       Both parties have not filed any proof affidavits in this case.  The complainant has marked Exs.A1 to A5 in order to prove her case.  No documents are marked on behalf of opposite parties.

5.       The points for consideration are:        

(i)       Whether there is any deficiency in service on the part of the opposite parties ?

(ii)      Whether the complainant is entitled to have the reliefs as sought for ? and 

(iii)     To what relief ?

6.       Point No.1:

          This is a case where the complainant alleged that within one month of her purchasing the refrigerator, defect was detected and that such defect was not rectified by the opposite parties inspite of legal notice.  The complainant has marked cash bill, warranty card, office copy of legal notice, postal receipts and postal acknowledgement of 1^st opposite party as Exs.A1 to A5 respectively before the Forum.  A careful perusal of the material averments made by the complainant in her complaint and the documents marked under Exs.A1 and A2 show that the refrigerator purchased by her under Ex.A1 started to give trouble and that 1 + 4 year warranty is there under Ex.A2 for it.  The opposite parties who are the proper parties to contradict the above case of the complainant remained absent in this case.   Having made his appearance through his Advocate by way of filing a memo offering vakalat on his behalf, the 2^nd opposite party did not get vakalat on his behalf filed subsequently nor contested the matter about which, the Forum has already discussed above.  Whereas the 1^st opposite party remained absent inspite of the service of notice of this complaint in the early stages of the proceedings.  Apart from the above circumstances, the present complaint is preceded by a legal notice under the original of Ex.A3.   Perusal of Ex.A4 postal receipts show that such notice was addressed to both the opposite parties.  As per Ex.A5 postal acknowledgement, the 1^st opposite party received the original of Ex.A3.  But the 1^st opposite party has not given any reply notice for the original of Ex.A3 contradicting the case of the complainant and mentioning his case.   So absolutely there is no material whatsoever on record so as to not to accept the case of the complainant.  In that view of the matter, it must be held that there is deficiency of service on the part of the opposite parties 1 and 2.   Accordingly the point is answered.        

7.       Point No.2:                

In view of the answering of Point No.1 in the above manner, the complainant is entitled to have the suitable reliefs.  Accordingly the point is answered.

8.       Point No.3:

          In view of the answering of Points 1 and 2, the complaint has to be allowed in part.

          In the result, the complaint is allowed in part and the opposite parties 1 and 2 are jointly and severally directed to get the defects rectified in Kelvinator Ref.KCL 205 SCAM-FDB Refrigerator pointed out by the complainant to her satisfaction or to replace other Refrigerator of same brand and same company in its place in addition to paying costs of Rs.1,000/- (Rupees One Thousands) only.  Time to comply with the above order is one month from the date of the receipt of the copy of this order.

          Typed by N. Ramesh Babu, Junior Stenographer, to my dictation, corrected by me and pronounced by us in the open Forum, this the 26^th day of February, 2015.                          

                                                                                Sd/-                                                                                                                                                                                                           President

                                                                  Sd/-                                  Sd/-     

                Member                           Member

District Consumer Forum-I,

                     Krishna, Machilipatnam.

Appendix of evidence

Witnesses examined

For the complainant:                                    For the opposite parties:

      -None-                                                             -None-

Documents marked

On behalf of the complainant:

On behalf of the opposite parties:

                   -Nil-

                                                                                                                                   Sd/-                                                                                                                                                                                                             President