IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA

Tuesday the 28^th day of February, 2016

Filed on 05.11.2016

Present

1.         Smt. Elizabeth George (President)

2.         Sri. Antony Xavier (Member)

3.         Smt. Jasmine D (Member)

in

CC/No.355/2016

 Between

       Complainant:-                                                                                            Opposite parties:-

 Sri. R. Narayana Pillai                                                                        1.         Godrej Boyce

Thayilethu House                                                                                            Manufacturing Co. Ltd.

Evoor North, Chepad P.O.                                                                             Pirojshanagar, Vikhroli

                                                                                                                        Mumbai – 400 079

                                                                                                            2.         Texmo Agencies

                                                                                                                        N.H. Road, Haripad  

                                                                        O R D E R

SMT. ELIZABETH GEORGE (PRESIDENT)

 The case of the complainant is as follows:-    

The complainant purchased a Godrej Refrigerator from the 2^nd opposite party for Rs.20,000/-.  Within 3 days of purchase formation of excess ice in the freezer was seen and water oozes down and due to that vegetables kept in the fridge decayed.   He complained about the said defect to the 2^nd opposite party.  But there was no result.  Thereafter the complainant registered a complaint through the call centre.  After 2 days two mechanics came to the house of the complainant and inspected the fridge and replaced the thermostat.  After 2 weeks it again shows the same defects and complainant again complained, but so far no result.   Hence the complaint is filed.     

2.    Notice issued to the opposite parties 1 and 2 served.  They made a representation on the first posting date and submitted before the Forum that they are willing to settle the matter.  But thereafter they continuously absent and matter not settled.  Hence the opposite parties 1 and 2 were set ex-parte.      

  3.  Complainant filed proof affidavit along with three documents which marked as Ext.A1 to A3.  Ext.A1 is the cash receipt dated 1.9.2016, Ext.A2 is the user guide and Ext.A3 is the receipt issued by the opposite party.

4.  The points came up for considerations are:-

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

            2)  If so the reliefs and costs?

5.   Ext.A1 the cash receipt dated 1.9.2016 shows that complainant has purchased a Godrej Refrigerator from the 2^nd opposite party for Rs.20,000/-.  As per Ext.A2 the said Refrigerator has 5 years warranty on compressor and one year warranty on all the other parts.  According to the complainant, within 3 days of purchase, excess ice formed in the freezer which caused melting of ice into water            and that decayed the vegetables and other things in the Refrigerator.  He further stated that when he complained about it to the opposite parties, two mechanics came to his house and replaced the thermostat.   Ext.A3 dated 21.9.2016 evidenced the same.  According to the complainant, even though the thermo stand replaced, the defect of the Refrigerator still continuing.  The back side of the Ext.A1 receipt shows that the complainant had made numerous complaints to the opposite party.  The opposite party was not cared to rectify the defect.  From the side of the opposite party no evidence adduced to controvert the allegations of the complainant.  The affidavit filed by the complainant remains unchallenged.  As there was no evidence on the part of the opposite party, the allegation of the complainant has to be accepted.  Hence we are of opinion that complainant is entitled to get a defect free Refrigerator.       

In the result, complaint is allowed.  The opposite parties are directed to rectify all the defects in the fridge within two weeks and along with extended warranty for one year covering all the parts.  The opposite parties are further directed to pay Rs.2,000/- (Rupees two thousand only) towards compensation and Rs.1,000/- (Rupees one thousand only) towards costs of this proceedings.  Failing which the opposite parties are directed to refund the value of the fridge amounting to Rs.20,000/- to the complainant with 8% interest from the date of complaint till realization.  The order shall be complied within one month from the date of receipt of this order. 

  Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Forum on this the 28^th  day of February, 2017.

                                                                                     Sd/- Smt. Elizabeth George (President):

                                                                                     Sd/- Sri. Antony Xavier (Member) :

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

Appendix:-

Evidence of the complainant:-

Ext.A1                       -           Cash receipt dated 1.9.2016

Ext.A2                       -           User guide

Ext.A3                       -           Receipt issued by the opposite party

Evidence of the opposite parties :-  Nil

// True Copy //                            

By Order                                                                                                                                       

Senior Superintendent

To

         Complainant/Opposite parties /S.F.

Typed by:- pr/- 

Compared by:-