Andhra Pradesh

East Godwari-II at Rajahmundry

CC/25/2015

Undavalli Venkata Rama Rao - Complainant(s)

Versus

WHY NOT, Rep. by its Authorized Officer - Opp.Party(s)

R.D.B.V. Satyanarayana

28 Aug 2015

ORDER

       Date of filing:    17.04.2015

                                                                                            Date of Order:   28.08.2015

 

BEFORE THE DISTRICT CONSUMER FORUM-II, EAST GODAVARI

DISTRICT AT RAJAHMUNDRY

 

                                    PRESENT:    Smt H.V. Ramana, B.Com., L.L.M., .. PRESIDENT(FAC)

                                                         Sri A. Madhusudana Rao, M.Com., B.L., .. MEMBER

   

                         Friday, the 28^th day of August, 2015

 

C.C.No.25 /2015

Between:-

 

Undavalli Venkata Rama Rao, S/o. Chowdari Rao,

Aged 53 years, D.No.4-95, China Ramalayam,

Chandravaram Village, Mallavaram – 534 342.                                              …        Complainant

 

                                    And

 

WHY NOT, rep. by its Authorized Officer,

Near Sai Krishna Theatre, Rajahmundry-533 101.                                      …        Opposite party.

 

 

 

 

 

            This case coming on 26.08.2015 for final hearing before this Forum in the presence of Sri R.D.B.V. Satyanarayana, Advocate for the complainant and the opposite party called absent and having been set ex-parte, and having stood over to this date for consideration, this Forum has pronounced the following:  

 

O R D E R

(Per Sri A. Madhusudana Rao, Member) 

The complainant filed this complaint under Section 12 of the Consumer Protection Act, 1986 to direct the opposite party to refund of the worth of the refrigerator of Rs.73,000/- with interest at 24% p.a. from 19.3.2014 till realization; to pay Rs.50,000/- towards mental agony and award costs of the complaint.

2.         The case of the complainant is that he purchased Samsung Refrigerator Ref ZIHSTPN V00143AD900949E from the opposite party on 19.3.2014 for Rs.73,000/- under delivery challan No.32. At the time of purchase of the said Samsung Refrigerator, the opposite party assured that the same is a reputed company and functioning efficiently. The opposite party also issued warranty card.  From the date of purchase, the said refrigerator is not functioning properly and he gave complaint to the opposite party for which the opposite party attended repairs. The said refrigerator worked for some days and again it was not functioning properly. Again he gave complaint to the opposite party and on several requests and repeated demands, the staff of the opposite party attended the repairs, but there is no use. But the opposite party and its people failed to attend the repairs of the said Samsung refrigerator and the same was kept like a unused article. The complainant from the beginning suffered with the said acts of the opposite party and its people in not attending the effective and efficient repairs of the said refrigerator. The complainant requested number of times to the opposite party to attend the repairs of the said Samsung refrigerator, in alterative provide new one or return back of his amount. But, the opposite party all these days put a deaf ear which comes under deficiency of service for which the complainant suffered great mental agony. The complainant got issued legal notice on 28.2.2015, the opposite party received the notice on 3.3.2015, but did not pay the amount or gave any reply. Hence, there is deficiency in service on the part of the opposite party. Hence, the complaint.

3.         The opposite party remained ex-parte despite receipt of notices from this Forum.

 

4.         Heard the complainant.  Exs.A1 to A4 have been marked for the complainant.

 

5.         Points raised for consideration are:

 

           1. Whether there is any deficiency in service on the part of the opposite party?

            2. Whether the complainant is entitled for the reliefs asked for?

            3. To what relief?

 

6.   Point Nos.1 & 2:-  As per the available record, the complainant herein purchased the Samsung Refrigerator bearing SAMSUNG Ref ZIHSTPN V00143AD900949E from the opposite party at Rajahmundry on 19.3.2014 for Rs.73,000/- vide Ex.A1 delivery challan No.32. At the time of purchase, the opposite party issued warranty card along with the conditions vide Ex.A2 to the complainant.  As the above said refrigerator is created trouble and non-functioned properly right from the day one, the complainant approached the opposite party with a complaint, the WHY NOT Showroom people sent their staff to attend on the above said refrigerator and made some repairs and assured for its proper function without any problems in future. The said refrigerator worked for some time and again started giving trouble and improper functioning, then the complainant gave complaint to the opposite party about its non-functioning.  After repeated oral requests, the opposite party sent their staff to attend on the said Samsung Refrigerator, but there is no use inspite of the opposite party’s assurance towards good functioning of the disputed refrigerator.     

            The complainant vexed with the recurring problems to the said refrigerator and in action on the part of the opposite party got issued registered legal notice under Ex.A3 dt.28.2.2015 demanding for replacement of the above said refrigerator with a new one or in the alternative refund back the amount Rs.73,000/- paid towards purchase of the Samsung Refrigerator.  Further, the complainant demanded for payment of Rs.50,000/- towards mental agony caused for the deficiency in service committed by the opposite party.  The said legal notice was received by the opposite party vide acknowledgement under Ex.A4 and kept quiet. Then the complainant filed this complaint in this Forum.  The opposite party appeared in person on 18.5.2015 and requested time for to appoint an advocate. Then the matter was posted to 10.6.2015, opposite party called absent. On 24.6.2015, as the opposite party did not turn up, they were set exparte.

            So, as per the available evidence, it is evident that the opposite party acted in negligent manner on attending the after sale service warranteed by them at the time of sale of the Samsung Refrigerator to the customer i.e. the complainant.  Further, the opposite party is reluctant in giving any reply to the legal notice got issued by the complainant and even attending before this Forum certainly amounts to negligence and deficiency in service on the part of the opposite party.  Therefore, the opposite party WHY NOT Showroom is liable to replace the Samsung Refrigerator costs about Rs.73,000/- with a new one or in the alternative to refund the cost of the said refrigerator i.e. Rs.73,000/- with interest @ 9% p.a. from the date of filing of this complaint i.e. 17.04.2015 to the complainant till realization besides costs.

 

7.  Point No.3:-  In the result, the opposite party is directed to replace the Samsung Refrigerator costs about Rs.73,000/- with a new one or in the alternative to refund the cost of the said refrigerator i.e. Rs.73,000/- with interest @ 9% p.a. from the date of filing of this complaint i.e. 17.04.2015 till realization to the complainant.  The opposite party is further directed to pay Rs.1,000/- towards costs of this complaint to the complainant. Time for compliance is two months from the date of this order. 

 

Typed to my dictation, corrected and pronounced by us in open Forum, on this the 28^th day of August, 2015.

 

               Sd/-                                                                                           Sd/-

            MEMBER                                                                        PRESIDENT (FAC)

 

 

 

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

 

FOR COMPLAINANT:  None.                                                        FOR OPPOSITE PARTY:  None.

 

DOCUMENTS MARKED

 

FOR COMPLAINANT:

 

Ex.A1    Bill No.32 dated 19.3.2014 for Rs.73,000/- in favour of the complainant

              issued by the opposite party.

Ex.A2    Warranty card issued by the opposite party.

Ex.A3    O/c of legal notice dt.28.2.2015 got issued by the complainant along with postal

             receipt.

Ex.A4    Postal acknowledgement by the opposite party dated 3.3.2015.

 

FOR OPPOSTIE PARTY:-   - Nil –

 

 

               Sd/-                                                                                      Sd/-

            MEMBER                                                                        PRESIDENT (FAC)