IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM

Dated this the 03^rd day of June, 2020

Present:  Sri. Manulal V.S. President

Smt.  Bindhu R,  Member

Sri. K.M. Anto, Member

C C No. 169/19 (filed on 18/10/19)

Petitioner                                 :         Jomon George,

                                                          Karimkuttipurath House,

                                                          Ullanad P.O. Pin - 686651

                                                                   Vs.                            

Opposite Parties                      :    (1)Voltas Limited,

                                                          Voltas House,

                                                          A Block, Dr. Babasahab

Ambedkar Road,  Chinchpokli,

Mumbai – 400033

                                                     (2)  Cherupushpam Agency,

                                                          Cherupushpam Building,

                                                          Market Road,  Pala.

O  R  D  E  R

Sri. K.M. Anto, Member

          The brief of the case is that the petitioner purchased a Voltas 405 Ltr. Freezer for Rs.27,500/- on 04/01/2019 from the 2^nd opposite party.  The freezer was not giving sufficient cooling and the matter was intimated to the 2^nd opposite party.  On advice of the 2^nd opposite party, the petitioner lodged complaint in the customer care of the 1^st opposite party.  But nobody turned up to rectify the defects.  Meanwhile the freezer became completely damaged and the matter was intimated to the 2^nd opposite party.  The 2^nd opposite party contacted the customer care of the 1^st opposite party and after 6 days, men of the 1^st opposite party inspected and the freezer.  This team after examination of the freezer reported that the compressor is damaged and suggested to replace the compressor.  Since it was within warranty period the petitioner demanded replacement of the freezer.  Thereafter no persons turn up from the opposite parties to clear the defects of the freezer.  The petitioner purchased another freezer from the 2^nd opposite party.  Hence the case.

          On admission, copy of the complaint was duly served to the opposite parties.  But the opposite parties did not file their version or appear before this Forum to defend the case.

          The complainant filed proof affidavit and Ext.A1 and Ext.A2 were marked.

          On going through the complaint, proof affidavit and marked documents we would like to consider following points.

1. Whether there is any deficiency in service from the part of the opposite parties?
2. If so, what are the reliefs and costs?

For the sake of convenience we would like to consider Point No.1 and 2 together.

Point No.1 and 2

          On perusing the complaint, proof affidavit and marked documents it is evident that the complainant had purchased a Voltas 405 ltr. freezer on 04/01/2019 for an amount of Rs.27,500/- from the 2^nd opposite party.  Ext.A2 is the user manual which give the warranty conditions.  As per this document, the warranty is for a period of one year from the date of installation or one week after the original purchase whichever is earlier.  The product was purchased on 04/01/19.  Thus it is evident that the defect was notified within the warranty period.  The warranty conditions are            that the company will free of charge replace or repair any part or parts therot proved to the company’s satisfaction to be defective.  As per the complaint and proof affidavit the complainant admits that the staff of the 1^st opposite party remarked that the compressor is defective and needs replacement.  Petitioner was not agreed for this replacement.  Eventhough the replacement of the compressor was not seen carried out by the 1^st opposite party.  The defects of the freezer notified to the 1^st and 2^nd opposite parties were not rectified within the warranty period.  This amounts to deficiency in service.  Hence point no.1 and 2 is found in favour of the petitioner

          In the result, we pass the following orders.

1. The 1^st opposite party is directed to rectify the defects of the freezer in a perfect working condition free of charge within 30 days from the date of receipting of this Order.
2. The opposite parties 1 and 2 should pay a compensation of Rs.5,000/- for mental agony with cost of Rs.2,500/- to the petitioner.

Pronounced in the Open Forum on this the 03^rd day of June, 2020.

Sri. K.M. Anto, Member                 Sd/-

Sri. Manulal V.S. President             Sd/-

Smt.  Bindhu R,  Member               Sd/-

Appendix

Exhibits marked from the side of complainant

A1  :  Invoice dtd.04/01/2019 issued by 2^nd opposite party

A2  :  User manual of Volatas chest freezer.

Exhibits from the side of opposite party

          Nil

                                                                                                By Order

                                                                               Senior Superintendent