BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT

C.C.No: 417/2017    Filed on 30.10.2017

ORDER DATED: 31.05.2018

Complainant:

(by Adv. Nikunjam Harikumar)

Opposite party:

This C.C having been heard on 27.03.2018, the Forum on 31.05.2018 delivered the following:

ORDER

SMT. R. SATHI,  MEMBER:

The case of the complainant is that he purchased a Whirlpool model refrigerator from defence service canteen.  On 01.08.2017 the freezing of the refrigerator became defective and the food and medicines stored in the same became useless.  The complainant registered complaint through toll free calling centre of Whirlpool Home Care.  The Whirlpool Bangalore Centre informed the complainant to contact opposite party Whirlpool Authorised Service Centre.  The complainant contacted the opposite party and opposite party technician inspected the refrigerator and found that freezing problem with the refrigerator.  As per the instructions of the technician the complainant paid Rs.354/- and entrusted the refrigerator with the opposite party.  After inspection complainant paid Rs.3,000/- for refill of gas and opposite party informed the complainant that defect was cured and returned the refrigerator.  But after 3 hours of use the same defect occurred to the refrigerator and on 17.08.17 the opposite party took back the refrigerator for repair.  But the opposite party did not return the refrigerator till date.  The complainant also informed the matter to the Bangalore office.  The complainant also sent advocate notice on 27.09.2017, but the opposite party returned the said notice without accepting the same.  Hence the complainant approached this Forum for Rs.12,000/- the price of the refrigerator, Rs.3,354/- accepted by the opposite party for service and refill of gas, Rs.500/- being notice charge, Rs.3,000/- towards cost and compensation of Rs.30,000/- from the opposite party.

Notice was issued to opposite parties from this Forum but the notice was returned with endorsement unclaimed.  Therefore opposite parties set exparte. 

The complainant filed affidavit in lieu of chief and marked Ext. P1 to P4.

Issues

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

Issues (i) and (ii)

The case of the complainant is that he purchased a purchased a Whirlpool model refrigerator from defence service canteen.  On 01.08.2017 the freezing of the refrigerator became defective and the food and medicines stored in the same became useless.  The complainant registered complaint through toll free calling centre of Whirlpool Home Care.  The Whirlpool Bangalore Centre informed the complainant to contact opposite party Whirlpool Authorised Service Centre.  The complainant contacted the opposite party and opposite party technician inspected the refrigerator and found that freezing problem with the refrigerator.  As per the instructions of the technician the complainant paid Rs.354/- as per Ext. P1 and entrusted the refrigerator with the opposite party.  After inspection complainant paid Rs.3,000/- for refill of gas and opposite party informed the complainant that defect was cured and returned the refrigerator.  But after 3 hours of use the same defect occurred to the refrigerator and on 17.08.17 as per Ext. P2 the opposite party took back the refrigerator for repair.  But the opposite party did not return the refrigerator till date.  The complainant also informed the matter to the Bangalore office.  The complainant also sent advocate notice as per Ext. P3 on 27.09.2017, but the opposite party returned the said notice without accepting the same.  Hence the complainant approached this Forum for Rs.12,000/- the price of the refrigerator, Rs.3,354/- accepted by the opposite party for service and refill of gas, Rs.500/- being notice charge, Rs.3,000/- towards cost and compensation of Rs.30,000/- from the opposite party.

In the complaint opposite party failed to appear before this Forum.  So we can rely on the evidence produced by the complainant.  Here the complainant claims that he entrusted his refrigerator for repair with opposite party.  But the opposite party failed to return it after repair even after repeated request.  The advocate notice produced as Ext. P3 returned with endorsement not claimed.  The complainant produced Ext. P4, a letter issued by opposite party.  In Ext. P4 it is stated that the refrigerator of the complainant is ready for delivery.  But the complainant asked for the price of the refrigerator along with cost and compensation.  The opposite party failed to appear before this Forum to contest the case or to produce evidence.  The Ext. P4 itself shows the deficiency of service on the part of the opposite party.  The opposite party in Ext. P4 itself admits that the complainant entrusted the refrigerator with opposite party on 24.01.2018 i.e. after a lapse of 5 months.  If the opposite party was ready with the refrigerator the opposite party ought to have sent the latter before this period.  The opposite party has also got opportunity to submit the facts before this Forum but failed to do so.  This attitude of the opposite party shows the deficiency of service and unfair trade practice on 1^st opposite party’s side.  There is nothing to disbelieve the complainant and the evidence produced by complainant stands unchallenged.  The complainant did not produce any document to show the price of the refrigerator.  But the date of purchase was mentioned in the Ext. P2 i.e. 07.01.2017 and the complainant entrusted the refrigerator with opposite party on 17.08.2017.  Hence complaint is partly allowed directing the opposite party to handover the refrigerator in working condition along with compensation of Rs.5,000/- and cost of Rs.2,000/- to the complainant. 

In the result, complaint is partly allowed directing the opposite party to handover the refrigerator in working condition along with compensation of Rs.5,000/- and cost of Rs.2,000/- to the complainant within one month of receipt of this order failing which the complainant can take necessary steps to execute the order.

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 31^st day of May, 2018.

SL

C.C.No.417/2017

APPENDIX

1. COMPLAINANT’S WITNESS

2. COMPLAINANT’S DOCUMENTS

3. OPPOSITE PARTY’S WITNESS

4. OPPOSITE PARTY’S DOCUMENTS

                                                                               Sd/-     

PRESIDENT