O R D E R

Smt. ShajithaBeevi.N (Member I):

            Shri .Johnson Mathew has filed this complaint before the Commission   U/S 12 of the C.PAct 1986 with request to getting relief from the opposite parties 1&2.

2. The case of the complainant is as follows:-  In the complaint, it is averred that the 1^st opposite party is the distributer of the products manufacture by the 2^ndopposite party. And the 2^ndopposite party is the manufacturer. On 23/8/2017 the complainant purchased a Refrigerator manufactured by 2^nd opposite party from the 1^stopposite party for total prize of Rs.16,500/-  But the Refrigerator became defective within one month  of the purchase, hence the complainant given a registered notice to the 1^st opposite party on 19/9/2017. Then staff members of the 1^st opposite party repaired the refrigerator a number of times that the faults were not rectified so far. There was unfair trade practice on the part of the opposite parties. Then the complainant initiating proceedings as per law an advocate notice issued to the opposite parties on 14/8/2018. But so far the defect of the refrigerator is not rectified. The opposite parties are liable to the same.

                      3. Aggrieved by the deficiency in service of the opposite parties and seeking damages from them, the complainant filed this complaint before this commission. Notices were issued to all opposite parties.But 2^nd opposite party alone appeared before the commission and they filed detailed version denying the allegations in the complaint. The 1^st opposite party not turned up before the commission and did not file any version.  Due to the non-appearance of the 1^st opposite party, the 1^st opposite party was set ex-parte on  14/10/2019.          

                    4. The 2^nd opposite party contented the dismissal of the complaint by denying all allegations made against them by a lengthy version. Their main contentions that there was no cause of action against them because it is not a consumer dispute at all. They further contended that the commission has lack of jurisdiction entertain this matter. It is also contented by the 2^nd opposite party  when the complainant raised the complaint and the service engineer inspected the said refrigerator and proper service were provided by the service center and that there were no manufacturing defects in the said refrigerator. That the  said unit was defect free.  So the 2^nd opposite party stated that they are not liable to compensate the complainant and they also prayed the dismissal of the complaint 

               5. Considering the contention raised by the parties, this commission raised the following issues for consideration.

1. Whether there is any unfair trade practice or deficiency in service on the part of the opposite parties?.
2. Whether the complainant is entitled to get any compensation as prayed for?
3. Relief and Cost.

                 6. The complainant has filed proof affidavit in support of his case. He examined as PW1 and produced documents in evidence and that were marked as Exhibit A1 to A5. On the side of 2^nd opposite party alone conducted cross examination of PW1. The 2^nd opposite party did not adduce any evidence either oral or documentary evidence.

            Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 15^th day of March,2021.             

                                                                                                                      (Sd/-)

                             Smt. N. ShajithaBeevi)

                                                                                                                   (MemberI)                      

Sri. George Baby (President)              :  (Sd/-)

Sri.NishadThankappan (Member II) :  (Sd/-)

Appendix:

Witness examined on the side of the complainant:

PW1:Johnson Mathew.

Exhibits marked on the side of the complainant:

A1:Bill dated:23/08/2017.

A2: User Manual and warranty card.

A3: Complainant’s notice dated: 19/09/2017.

A4: Advocate Notice dated: 14/08/2018.

A5: copy of the owner saving guide.

Witness examined on the side of the opposite parties: Nil.

Exhibits marked on the side of the opposite parties: Nil.

Copy to:- (1) Johnson Mathew,

Plamthottathil House, Thekkumkal P.O,

                       Pin – 689 614.

                            (2) The Manager,

Vijaya Home Appliances, MGM Tower,

Thekkemala, Pathanamthitta.

(3) The Authorized Officer

M/s Samsung India Electronics Pvt. Ltd.,

20^th to 24^th Floor,

Two Horizon Centre, Golf Course Road,

Sector – 43, DLF PH - V, Gurgaon, Haryana.

(4) The Stock File.