Date of Filing : 15.03.2012

  Date of Order : 17.04.2012

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR

Dated 17^th APRIL 2012

PRESENT

Sri. H.V. RAMACHANDRA RAO, B.Sc., BL,   …….                PRESIDENT

Sri. T.NAGARAJA, B.Sc., LLB.                        ……..     MEMBER

Smt. K.G.SHANTALA, B.A., LLB.                    ……..     MEMBER

CC No. 45 / 2012

Mr. Nayaz Ahamed,

S/o. Nazeer Ahamed,

Aged about 28 years,

R/o. Sarigenagar, Near Water Tank,

Chikkaballapur Road,

Kolar.                                                                     ……. Complainant

V/s.

The Proprietor,

Rakesh Electronics & Home Appliances,

M.G. Road Cross,

Kolar – 563 101.

(By Sri. A.V. Ananda, Adv.)                                   …… Opposite Party

ORDER

By Sri. H.V. RAMACHANDRA RAO, PRESIDENT

The brief antecedents that lead to the filing of the Complaint made u/s. 12 of the C.P. Act seeking direction to the OP to pay to the Complainant Rs.19,500/- are necessary:

Complainant had purchased Godrej Fridge 25 BZ on 22.10.2011 for Rs.14,150/- from the OP.  As per the guidelines issued by the OP, Complainant is using the Fridge after installation.  There was defect in the Fridge and the same was informed to the OP several times.  But, one Mr. Mohan & Mr. Babu came for repair, but it was not done.  There is warranty also.  Complainant visited OP several times.  Even then OP never cared to rectify the defect.  Hence the complaint.

2.       Today Sri. A.V. Anand, Advocate files power for the OP and submits that they will rectify all the defects in the Fridge if 2 hours time is given to them and deliver it to the Complainant.  Heard.

3.       The points that arise for our consideration are:

          (A)     Whether there is deficiency in service ?

          (B)     What order ?

4.       Our findings are:

          (A)     Positive

          (B)     As per detailed order for the following reasons

REASONS

5.       Reading the Complaint in conjunction with the documents on record and submissions of the OP on record, it is established that the Complainant had purchased Godrej Fridge 25 BZ on 22.10.2011 from the OP which has warranty also.  The case of the Complainant is that there are some problems in the Fridge i.e., beading, door-handle, cooling, lock is of fiber and it is going to be damaged.  These defects have to be rectified by the OP at their costs.  Hence as it has not been done, there is deficiency in service.  Hence, we hold the points accordingly and pass the following order:

ORDER

1.       Complaint is allowed in part.

2.       OP is directed to rectify all the defects in the Godrej Refrigerator as noticed by the Complainant which has been purchased on 22.10.2011 and hand over it to the Complainant duly rectified within one week from today.

3.       OP is directed to pay Rs.2,000/- as costs of this litigation to the Complainant.

4.       OP is directed to send the amount to the Complainant through DD as ordered at (2) above and submit to this Forum the compliance report with necessary documents within 30 days.

5.       Send copy of the Order to the parties concerned free of cost.

6.       Return extra sets to the parties concerned under Regulation 20(3) of Consumer Protection Regulations 2005.

(Dictated to the Stenographer, got it transcribed and corrected and pronounced in the open Forum on this the 17^th day of April 2012)

T. NAGARAJA          K.G.SHANTALA           H.V.RAMACHANDRA RAO

    Member                         Member                                       President

SSS