Date of filing : 19-03-2008<br /> Date of Order : 30-07-2008.<br /> IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD<br /> CC.No.29/08<br /> Dated this, the 30th day of July 2008<br /> PRESENT<br /> SRI.K.T.SIDHIQ : PRESIDENT<br /> SMT.P.RAMADEVI : MEMBER<br /> SMT.P.P.SHYMALADEVI : MEMBER<br /> <br /> N.Sudhakaran,<br /> “USHAS”, Kotavalappu, } Complainant<br /> Po.Kudlu, Kasaragod Taluk.<br /> <br /> 1. Whirlpool Home appliance,<br /> A8, Vaitalic, U.S.O. Road, } Opposite party<br /> Qatab Institutional Area, New Delhi.<br /> 2. Service-in-Charge,<br /> M/s. Whirlpool India Ltd, <br /> No.23/61-A, South Kalamassery,<br /> Kochi.<br /> 3. The Proprietor, Nayaks Interprises,<br /> Apsara Complex, Bank Road, <br /> Kasaragod. <br /> O R D E R<br /> SRI.K.T.SIDHIQ, PRESIDENT<br /> Shortly stated the case of the complainant Sudhakaran is that he purchased Whirlpool Fridge from the Proprietor, Nayaks enterprises, Kasaragod on 15-05-2003. Opposite party No.1 Whirlpool Home Appliances New Delhi is the manufacturer of the Fridge and Opposite Party No.2 is the service agent of M/s Whirlpool Home Appliances. According to Sudhakaran the Fridge supplied was substandard having mechanical and manufacturing defects. Eventhough he complied there was no heed to his complaint. Sudhakaran avers that the internal body of the Fridge and inner part of the fridge is having crack and rust. The paint inside and out side of the Fridge is cracked and scratched. Hence refrigerator is not preserving the cooling effect. The Opposite parties neither attended the complaints nor replaced with a new fridge eventhough there is warranty according to Sudhakaran. Hence the complaint claiming the replacement of the fridge along with a compensation of Rs.10,000/-.<br /> 2. Notices were issued to M/s Whirlpool Home Appliances, their service-in-charge at Kalamassery and the Proprietor, Nayaks Interprises, Kasaragod. The notice to Opposite party No.3 returned stating no such addressee. Then Sudhakaran furnished the Correct Address of Opposite party No.3 as The Proprietor, Nayaks Electronics, Bank Road, Kasaragod. The notice issued in the said address was served on 30-05-08. But none of them appeared inspite of receipt of notice. Hence they were set exparte.<br /> 3. Complainant filed affidavit in support of his complaint reiterating the facts stated therein. Exts A1 to A6 marked. Heard the complainant and the exhibits perused carefully.<br /> 4. Ext.A4 is the user and care guide of the Whirlpool Refrigerator. It is revealed from Ext.A4 that Sri Sudhakaran has entered in to a 1+6 year warranty and optional service contract with dealer Nayaks Electronics. But they did not provide the said service to Sudhakaran. We find deficnecy in service and unfair trade practice on the part of Whirlpool Home Appliances, their service-in-charge and Proprietor Nayaks Electronics Kasaragod. <br /> 5. Therefore we allow the complaint and Whirlpool Home Appliance, New Delhi, Service-in-charge, M/s Whirlpool India Limited and The Proprietor, Nayaks Electronics, Kasaragod are jointly and severally directed to replace the refrigerator of Sudhakaran with the same brand along with a compensation of Rs.5,000/- and cost of Rs.2000/-. Time for compliance of this order in 30 days from the date of receipt of copy of the order.<br /> Copy of the order to Opposite party No.3 shall be sent in the address in which the fresh notice was issued, after furnishing the correct address by the complainant Sudhakaran.<br /> Sd/- Sd/- Sd/-<br /> MEMBER MEMBER PRESIDENT<br /> Exts<br /> A1. 16-4-07 copy of letter sent by complainant to OP No.2<br /> A2. 19-12-07 copy of letter sent by complainant to OP No.2<br /> A3. 30-01-20089 copy of lawyer notice.<br /> A4. Catelogue& Warranty card<br /> A5 & A6 postal acknowledgement cards <br /> <br /> Pj/ Forwarded by Order<br /> <br /> <br /> SENIOR SUPERINTENDENT <br /> <br />