D.o.F:7/5/2015
D.o.O:17/07/2015
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.NO.116/15
Dated this, the 17th day of July 2015
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.BEENA K.G : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
Favas, S/o Usman, R/at Ajman Manzil, : Complainant
Anagoor Kollampadi, Kasaragod.
(Adv.Abdul Nazir.K)
1.M/s Amazonic Home appliance& Electronics,
Prestige Center, Near Old press club junction,
Kasaagod 671121 represented by its manager. : Opposite parties
2.Videocon, Fort House, 2nd floor,
221, Dr.DN Road, Mumbai 400001
Represented by its authorized person
(exparte) ORDER
SMT.SHIBA.M.SAMUEL : MEMBER
The case of the complainant is that he purchased a refrigerator for his domestic purpose for the Ist opposite party on 3/4/2015. But the refrigerator is not functioning and no cooling effected at the inception itself . The service personal attended the machine and even after repair the refrigerator failed to work properly. Eventhough again the complainant approached for a resolution of defect, the opposite party refused to do so and verbally abused this complainant in the presence of others. The supply of substandard refrigerator caused mental agony and monetary loss and thereby the opposite party committed unfair trade practice. Hence the complaint.
Notice to opposite party were served and both of them remained absent and name of the opposite party were called absent they were set exparte.
The complainant filed proof affidavit in lieu of his chief examination and Ext.A1 marked. Document perused and evidence evaluated.
The case of the complainant that he had purchased Videocon refrigerator for an amount of Rs.12227/- from the opposite party No.1 on 3/4/2015 the retail invoice bill for the same is marked as Ext.A1 . In this particular case complainant alleged that the refrigerator failed to function at the inception itself . Non functioning of the refrigerator jeopardized the life of PW1 in all perceptive and had to incur avoidable expenses.
Eventhough service personal of opposite party attended the machine it failed to function . therefore the complainant alleges that there was a substantial and incurable defect in the manufacturing of the refrigerator.
There is no contra evidence adduced by the opposite party herein. Therefore the complaint is allowed.
In the result the opposite parties 1&2 jointly and severally directed to replace the refrigerator and further directed to pay an amount of Rs.5,000/- as compensation with cost of Rs.3000/-.
Ext.A1- retail invoice
Sd/ Sd/ Sd/
MEMBER MEMBER PRESIDENT
eva
/Forwarded by Order/
SENIOR SUPERINTENDENT
