BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,

ERNAKULAM.

Date of filing : 23/07/2014

Date of Order : 25/11/2014

Present :-

Shri. A. Rajesh, President.

Shri. Sheen Jose, Member.

Smt. V.K. Beena Kumari, Member.

C.C. No. 561/2014

Between

And

O R D E R

V.K. Beena Kumari, Member.

1. This complaint is filed by the complainant alleging deficiency in service on the part of the opposite parties in collecting service charges during the warranty period and also seeking direction against the opposite parties to replace the refrigerator in question with a new one together with compensation of Rs. 50,000/-.

2. Despite service of notice from this Forum, the opposite parties did not respond to the same and remained absent from the proceedings. No oral evidence adduced by the complainant. Exts. A1 to A5 were marked on the part of the complainant. Heard the complainant who appeared in person.

3. Ext. A1 retail invoice goes to show that on 23-08-2010, the complainant purchased a refrigerator from the 3^rd opposite party at a price of Rs. 15,200/-, which was manufactured by the 1^st opposite party. Ext. A5 would show that the 1^st opposite party had provided one year comprehensive warranty for the machine and 4 years warranty for the compressor. According to the complainant, during the warranty period, the refrigerator became defunct and at the instance of the complainant, the 2^nd opposite party the authorised service center of the 1^st opposite party attended to the machine and collected Rs. 3,700/- on 31-12-2013 towards repair charges of the compressor. During evidence, the complainant submitted that as of now the refrigerator is working in good condition. Thus, the prayer of the complainant for replacement of the refrigerator is unsustainable in law.

4. We think that the amount of Rs. 3,700/- collected as per Ext. A3 that too within the warranty period, amounts to deficiency in service on the part of the opposite parties. We find that the complainant is entitled to get refund of the repair charges of Rs. 3,700/- from the opposite parties.

5. The complainant has claimed a sum of Rs. 50,000/- towards compensation under various heads. It is to be noted that the complainant had to approach this Forum to get his genuine grievances redressed. Had the opposite parties rendered free service during the warranty period, this complaint could have been avoided. We are of the firm view that a compensation of Rs. 2,000/- would be sufficient to condone the grievances of the complainant.

6. In the result, we partly allow the complaint and direct as follows :-

1. The opposite parties shall jointly and severally pay Rs. 3,700/- (Rupees Three thousand and seven hundred only) being the repair charges to the complainant with interest @ 12% p.a. from the date of receipt of repair charge.

2. The opposite parties shall jointly and severally also pay Rs. 2,000/- (Rupees Two thousand only) towards compensation, which is inclusive of costs of the proceedings.

The order shall be complied with, within a period of thirty days from the date of receipt of a copy of this order.

Pronounced in the open Forum on this the 25^th day of November 2014.

Sd/- V.K. Beena Kumari, Member.

Sd/- A. Rajesh, President.

Sd/- Sheen Jose, Member.

Forwarded/By order,

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :: Nil

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