IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA

Friday the 30^th day of September, 2016

Filed on 04.02.2016

Present

1.         Smt. Elizabeth George (President)

2.         Sri. Antony Xavier (Member)

3.         Smt. Jasmine D (Member)

in

CC/No.43/2016

Between

Complainant:-                                                                                            Opposite parties:-

Smt. Asalatha                                                                          1.         Whirlpool of India Ltd

Soumayalayam                                                                                     Plot. No.40, Sector-44

Poochakkal                                                                                          Gurgaon-122 002

Cherthala                                                                                                                    

                                                                                                2.         Good Morning Agencies

                                                                                                            A.S Road, Cherthala

O R D E R

                                                            SMT. JASMINE D. (MEMBER)

             The case of the complaint in short is as follows:-  

            The husband of the complainant purchased a Fridge from the 2^nd opposite party manufactured by the 1^st opposite party on 14-09-2012 for an amount of Rs 14, 800/-.  But the product became defective and the defect was intimated to the opposite parties, but the defect has not been rectified so far.  The complainant sustained much mental agony and hence filed the complaint seeking refund of the price the product together with compensation and cost.

            2. Notice was served to the opposite parties notice against 1^st opposite party was not returned, notice against the 2^nd opposite party served but not appeared before the Forum and hence 2^nd opposite parties was set ex-parte. 

3. The complainant filed proof affidavit and Ext A1-A2 were marked and the report of the expert commissioner was marked as Ext C1.

 4. Considering the allegations of the complainant this Forum has raised the following issues for consideration.

           1)  Whether there is any deficiency in service on the part of the opposite parties?

            2) Whether the complainant is entitled to get any reliefs as sought for?

            5. The case of the complainant is that the husband of the complainant purchased a Fridge from the 2^nd opposite party manufactured by the 1^st opposite party.  The product has 5 years warranty.  During the warranty period the product became defective and the defect was intimated to the opposite parties, but the product has not been rectified so far.  Hence filed this complaint.  The complainant produced 2 documents which were marked as Ext A1-A2.  Ext A1 is the original retail invoice Dated 14-09-2012 Ext A2 is the copy of warranty card.  The documents produced would show that the product is under warranty.  Ext C1 report shows that the product its defective. According to the complainant at the time of purchase of the product the opposite parties assured after sale service and from the beginning of the date of purchase there the product is defective and due the said defect the consumption of electricity was also increased and the complainant was bound to pay the excess electricity bills due the defect of the Fridge. In this case a commissioner was appointed and he filed his report which stated that the thermostat was not functioning properly so it was not cutting off and this leads to heavy consumption of power and huge accumulation of ice block in the Fridge.

            6. The documents produced by the complainant and the cash receipt proved the case of the complainant.  The Forum is of the opinion that the allegations put forward by the complainant against the opposite parties are highly genuine. Even though notice was served by the  2^nd opposite party, they did not turn up the opposite parties had committed deficiency in service.   Even though the defect was brought to the notice of the 2^nd opposite party they have not made any earnest effort to rectify the same.  The notice against the 1^st opposite party was not returned. Since the product is under warranty the dealer is also responsible to rectify the defects.

            In the result the complainant is allowed.   The 2^nd opposite party is directed to rectify the defect to the Fridge free of cost.  The 2^nd opposite party is further directed to pay an amount of Rs. 1000/- towards cost of the proceedings to the complainant.  The order shall be complied within one month  from the date of receipt of this order.

            Pronounced in open Forum on this 30^th day of September, 2016

                                                                            Sd/-Smt. Jasmine.D.  (Member)   

                                                                          Sd/-Smt. Elizabeth George (President)

                                                                          Sd/-Sri. Antony Xavier (Member)

Appendix:- 

Evidence of the complainant:-

Ext.A1           -           Retail Invoice Dtd.14-09-2012

Ext.A2           -           Warranty card.

Ext.C1           -           Commission Report Dtd.20-07-16 

Evidence of the opposite party:-  Nil

// True Copy //                               

                                                           By Order                                                                                                                                      

Senior Superintendent

To

         Complainant/Opposite parties/S.F.

Typed by:- Br/-  

Compared by:-