IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Wednesday the 28th day of February, 2018
Filed on 02.11.2017
Present
1. Smt. Elizabeth George (President)
2. Sri. Antony Xavier (Member)
3. Smt. Jasmine D (Member)
in
CC/No.295/2017
Between
Complainant:- Opposite parties:-
Sri.Pushpakaran Ramakrishnan Vasudevan Nair
Octagon, Kanjoor-Kottakakom Jupiter Refirgeration
Cheppad.P.O, Alappuzha NH 47- Cheppad P.O
Alappuzha 690507
O R D E R
SMT. JASMINE D. (MEMBER)
The case of the complainant in short is as follows:-
The complainant approached the opposite party to replace the defective compressor of the refrigerator and the complainant paid a total amount of Rs. 8250/- to the opposite party. The said compressor became defective within 3 months and the same was intimated to the opposite party. Then the opposite party demanded an additional amount o f Rs. 4000/- to replace the same. The said compressor has 1 year warranty. So the complainant demanded to replace the same free of cost but opposite party failed to do so. Hence filed this complaint.
2. The version of the opposite party is as follows.
The said refrigerator was an old one and the product was manufactured by the Hitache, which is not an Indian company. The original compressor was burnt and the complainant approached the Hitache’s authorized service centre and they demanded Rs. 14,000/- to replace the compressor. So that complainant approached the opposite party for getting the compressor replaced at a lower cost. The refrigerator of the complainant is having 402 liter capacity and it is very difficult to handle. The refrigerator was transported from the house of the complainant to opposite party’s workshop and vice versa was carried out by the opposite party by engaging 4 labours. The opposite party has replaced the compressor in the month of June and there was no complaint till September. The opposite party is working in this filed from 1960 onwards. Both the earlier compressor and replaced compressor were burnt and the complainant told to the opposite party that the refrigerator works in the inverter current also. So may be because of that both of the compressor were burnt.
3. The complainant was examined as PW1 and Ext.A1 was marked. Ext.A1 is the guarantee card. Opposite party produced the copy of the bill which was marked as Ext.B1
4. Considering the allegations of the complainant, the Forum has raised the following issues:-
1) Whether there is any deficiency in service on the part of the opposite parties?
2) Whether the complainant is entitled to get any reliefs?
5. The case of the complainant is that the complainant had approached the opposite party to replace the compressor of his refrigerator and the opposite party charged an amount of Rs. 8250/- The replaced compressor has 1 year warranty. During the warranty period ie. after 3 months from the date of replacing the compressor it was burnt and the complainant again approached the opposite party and requested to replace the same free of cost, but the opposite party demanded an additional amount of Rs.4000/- for replacing the same. Hence filed this complaint.
6. Complainant was examined as PW1 and documents Ext.A1 was marked. The opposite party produced the copy of the bill which was marked as Ext.B1. According to the complainant he had spent a total amount of Rs. 8250/- for replacing the compressor and the compressor has 1 year warranty. Since the compressor was burnt during the warranty period. The complainant needs to replace the compressor free of cost or to refund the amount paid. But according to the opposite party he had spent an amount of Rs. 5,500/- for purchasing compressor and other necessary accessories and the remaining amount of Rs. 2750/- was his service charge and the transportation charge and is willing to return the price of the compressor Rs. 4500/- to the complainant. According to the opposite party since the original compressor and the replaced the compressor were burnt because refrigerator might have been working using inverter also. According to the complainant the opposite party has fitted a lower capacity compressor in a 402 ltr refrigerator and which resulted in continuous over loading and hence the compressor was burnt. The complainant produced the original warranty card before the Forum and the same was marked as Ext.A1, on a perusal of Ext.A1 guarantee card it can be seen that the date of purchase is on 4/5/2017 and the said product is under warranty till 3/5/2018.
Admittedly the complainant had paid an amount of Rs.8250/- to the opposite party and Ext.A1 shows that the product is under guarantee. So the opposite party is liable to replace the compressor free of cost or to refund its price.
In the result the complaint is allowed. The opposite party is directed to refund the amount charged for replacing the compressor Rs. 8250/-(Rupees Eight thousand two hundred and fifty only) to the complainant. On compliance of the order the complainant is directed return the defective compressor to the opposite party. The order shall be complied within one month from the date of the receipt of this order, failing which the amount Rs. 8250/- (Rupees Eight thousand two hundred and fifty only)shall carry interest @ 9% per annum from date of complaint till realization.
Pronounced in Open Forum on this the day of 28th February 2018.
Sd./- Smt. Jasmine.D. (Member) :
Sd/- Smt. Elizabeth George (President):
Sd/- Sri. Antony Xavier (Member) :
Appendix:-
Evidence of the complainant:-
PW 1 - Pushpakaran Ramakrishnan(Witness)
Ext.A1 - Guarantee card
Evidence of the opposite parties:-
Ext.B1 - Copy of Bill
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite party/S.F.
Typed by:-br/-
Compared by:-
