Date of filing : 02-07-2012
Date of order : 23 -11-2012
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.219/2012
Dated this, the 23rd day of November 2012
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT. K.G.BEENA : MEMBER
K.M.Ismail, Fathima Compound, } Complainant
Near Railway Station,
Udyavar, Manjeshwaram.Po. 671323.
(In Person)
1. M/s. Amazonix Home Appliances & Electronics, } Opposite parties.
Prestige Centre, Near Old Press Club Junction,
Kasaragod.
2. Prajwal Referigeration Service,
S.K.Complex, Nellikunnu, Kasaragod.
3. M/s.Videocon Industries Ltd,
Corner space building, Cherooty Nagar,
Housing Colony Junction, Calicut.4.
(Exparte)
O R D E R
SMT.K.G.BEENA, MEMBER
The case of the complainant in brief is that the Fridge he purchased from the shop of opposite party No.1 on 10-03-2008 manufactured by opposite party No.3 became defective after 3 years. Though opposite party No.1 offered 6 years warranty at the time of sale, opposite parties charged service charges for repair. Moreover, opposite parties are not prompt in repairing the same in time. Hence the complaint for necessary redressal of grievance.
2. Opposite parties filed version stating that they are the sales agency and opposite party No.2 is the service agency. The manufacturer is responsible for the defects in the refrigerator but he is not made a party in the proceedings. Hence it is non-joinder of necessary party. Moreover, opposite party No.1 is only the sales agency and not responsible for any defects. The complainant has not approached the opposite parties and not informed about the defects to opposite parties. According to opposite parties complainant voluntarily repaired the refrigerator without informing opposite party No.1.
3. Complainant is examined as PW1. Exts A1 to A6 marked. As per the prayer of complainant, Manufacturer is also impleaded as supplemental opposite party No.3 thereafter opposite party No.3 is continuously absent. Notice is served to opposite party No.3 but was not turned up. Hence opposite party No.3 called absent and set exparte. Ext.A1 is the bill issued by opposite party No.3 at the time of sale of fridge. Ext.A2 is the warranty card. Ext.A3 is bill issued by opposite party No.2 to the complainant after repairing the compressor. Opposite party No.2 has charged `1700/- from complainant on 23-11-2011. Thereafter also the fridge became defective on many times within the warranty period and all such occasions opposite party No.2 has charged repairing charges.
4. After considering the evidence and on perusal of documents the following points raised for consideration.
1. Whether there is deficiency in service on the part of opposite parties?
2. If so what is the relief?
5. Opposite party No.1 in their counter raised a contention that the complaint is bad for non-joinder of necessary parties. The manufacturer is responsible for any defects in the fridge or any products. Hence the company is a necessary party in this proceedings. Hence the complainant has made manufacturer as supplemental opposite party No.3.
6. Accepting repair charges during warranty period is not fair and it can be treated as deficiency in service on the part of opposite parties. Hence opposite party No.1 & 3 are jointly and severally liable to refund the repair charges collected during warranty period.
In the result, complaint is allowed and opposite parties 1 & 3 are directed to refund `3100/- collected from the complainant as repair charges within 30 days from the date of receipt of copy of this order with a cost of `2000/-.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts.
A1. 10-03-2008Copy of Retail Invoice.
A2. Owner Mannual (Videcon)
A3.23-11-2011 Bill issued by OP No.2.
A4. 26-10-2011 Bill issued by OP No.2.
A5. 28-03-2012 Bill issued by OP NO.2.
A6.28-04-2012 Bill issued by OP No.2.
PW1.K.M.Ismail.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT
