BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. P. SUDHIR                                       :  PRESIDENT

SRI. M. PRAVEEN KUMAR                    :  MEMBER

C.C. No. 435/2017 Filed on 08.11.2017

ORDER DATED: 15.12.2018

Complainant:

Lathakumari. S, Smruthilayam, Pappadu, Nettayam P.O, Thiruvananthapuram-695 013.               

(Party in person)

Opposite parties:

1. Authorized Signatory, Whirlpool of India Ltd., Corporate Office, Plot No. 40, Sector 44, Gurgaon-122 002.

2. Manager, Hi-Tech Solutions, Whirlpool Authorized Service, T.C 16/1561(6), Near Ananthapuri Auditorium, Jagathy, Thycaud P.O, Thiruvananthapuram-14.

3. Manager, United Radio and Electricals, T.C No. 25/2432, M.G. Road, Thiruvananthapuram-695 001.

This case having been heard on 06.08.2018, the Forum on 15.12.2018 delivered the following:

ORDER

SRI. P. SUDHIR:  PRESIDENT

Complainant’s case is that complainant purchased a Whirlpool refrigerator (205-5G) for Rs. 13,500/- on 22.08.2013 from 3^rd opposite party.  After days problem arised and on 20.04.2017 the refrigerator stopped functioning.  Complainant booked complaint in toll free number of 1^st opposite party on 23.04.2017 as per S.R. No. CO 0417012052 and as per the complaint staff from 2^nd opposite party visited the complainant’s house and as per his direction the refrigerator was taken to the service centre.  On 20.05.2017 the refrigerator was returned to his house after rectification in the absence of the complainant and amount of Rs. 1,900/- as service charge and Rs. 500/- as transportation was paid.  On verification it is seen there is scratches on the refrigerator and some parts were missing and the matter was informed to the 2^nd opposite party.  The refrigerator again stopped functioning on 20.10.2017.  2^nd opposite party demanded for repair charges for which the complainant is not willing because the refrigerator was repaired 5 months back.  Hence complainant approached this Forum for free service and damages.      

Notice sent to opposite parties.  Opposite parties 1 to 3 accepted notice but not turned up.  Hence opposite parties set exparte.

Issues:

1. Whether there is deficiency of service or unfair trade practice on the part of opposite parties?
2. Whether the complainant is entitled for the reliefs sought for?

Issues (i) & (ii):- Complainant filed exparte chief examination affidavit and Exts. P1 & P2 marked.  Commission report is marked as Ext. C1.  As per Ext. C1 report the expert has reported the following conclusions.  (1) The refrigerator fell short of normal working span of 15 years usually found in similar brands. (2) In present condition the item is not suitable for its intended use.  (3) The compressor has become faulty within the period of warranty (5 Years). (4) It is seen that subsequent to the faulty condition of the compressor, other systems of the refrigerator might have become malfunctional.  (5) The quality of painting and material of the door is inferior which could have caused the rusting to take place in the scratches occurred during transportation. (6) The performance of the item is well below the advertisement claims as found during inspection. Since there is no contra evidence to look into we are of the opinion that free service of the refrigerator will not make any improvement in the product.  Hence we are of the opinion that opposite parties are jointly and severally liable to refund the price of the refrigerator i.e; Rs. 13,500/- + service charge Rs. 1,900/- and transportation charge Rs. 500/- to the complainant.  In addition to the above opposite parties are liable to pay Rs. 5,000/- as compensation for the mental agony suffered by the complainant and Rs. 3,000/- as cost of the proceedings.

In the result, complaint is allowed and opposite parties are jointly and severally liable to refund the price of the refrigerator i.e; Rs. 13,500/- + service charge Rs. 1,900/- and transportation charge Rs. 500/- to the complainant.  In addition to the above opposite parties are liable to pay Rs. 5,000/- as compensation for the mental agony suffered by the complainant and Rs. 3,000/- as cost of the proceedings within one month from the date of receipt of this order failing which the entire amount except cost carries interest @ 9% per annum till realization.  

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 15^th day of December, 2018. 

         Sd/-

P.SUDHIR                             : PRESIDENT

            Sd/-

M. PRAVEEN KUMAR       : MEMBER

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C.C. No. 435/2017

APPENDIX

  I      COMPLAINANT’S WITNESS:

                             NIL

 II      COMPLAINANT’S DOCUMENTS:

P1     - Retail invoice/cash credit dated 22.08.2013

P2     - Field cash receipt dated 20.05.2017

III      OPPOSITE PARTY’S WITNESS:

                             NIL

 IV     OPPOSITE PARTY’S DOCUMENTS:

NIL

  V     COURT EXHIBIT:

          C1     - Commission Report

                                                                                                      Sd/-

PRESIDENT

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