IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA

Saturday  the 31^st  day of  December, 2016

Filed on 20.06.2016

Present

1. Smt. Elizabeth George (President)
2. Sri. Antony Xavier (Member)
3. Smt.Jasmine.D. (Member)

in

C.C.No.198/2016

between

    Complainant:-                                                                   Opposite Parties:-

Sri. Gopalakrishna Pillai                                              1.         Samsung India Ltd., A-25, Ground

Krishnavilasom                                                                       Floor, Front Tower, Mohan Co-operative

Muthukulam North                                                                 Industrial Estate, New Delhi – 110 004

Chuthutheruvu P.O.                                                                (By Adv. I.B. Suseel)

Alappuzha

                                                                                    2.         Samsung Service Centre

                                                                                                NSS Building, Puthiyakavu, Mavelikara

O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)

            The case of the complainant is as follows:-

The complainant purchased a double door fridge from the opposite party for Rs.20,600/- on 4.1.2011 along with warranty of 5 years.  During the warranty period there is gas leak in the refrigerator and it was repaired by the 2^nd opposite party and complainant paid Rs.4,100/- towards repairing charges.  Again it became defect and 2^nd opposite party had taken the fridge for repairing, but it was not repaired, thereafter complainant made so many contacts with the opposite party, so far the defect was repaired, thereafter complainant made so many contacts with the opposite party, so far the defect was not cured.        Alleging deficiency in service on the part of the opposite parties the complaint is filed.   

             2.  The version of the first opposite party is as follows:-  

Complainant had contacted the service centre of first opposite party for the issue with the refrigerator.   On inspection, it was found that there is gas leak in the refrigerator.   The refrigerator has warranty period of one year.  Only the compressor unit has a warranty of 5 years.   There is no manufacturing defect in the refrigerator.  Opposite party has not committed any act of deficiency as alleged by the complainant.

3.  During the trial stage the opposite party expressed their willingness to settle the matter for Rs.12,000/-.  But thereafter the opposite party was absent and so far not paid the amount.   In the version they admitted gas leakage in the refrigerator of the complainant.  Ext.A1 is the invoice dated 4.6.2011 which shows that complainant paid Rs.20,600/- towards the price of the refrigerator.  According to the complainant it became defective during the warranty period itself.  Even though opposite party expressed their willingness to settle the matter, they did not turn up.  Since the opposite party turned down the demands of the complainant either to replace with a new one or to refund the price of the refrigerator, we are of opinion that complainant is entitled to get refund of the price of the fridge after deducting Rs.5,600/- as depreciation, since he used the fridge for some period.   

          In the result, the complaint is allowed.  The first opposite party is directed to pay Rs.15000/- (Rupees fifteen thousand only) to the complainant failing which the amount of Rs.15,000/- shall carry interest at the rate of 9% per annum from the date of complaint till realization.  The complainant shall return the fridge which will be collected by the opposite party from the house of the complainant at their cost.   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 31^st day of  December, 2016.                                                                                                                                 Sd/- Smt.Elizabeth George (President) :        

  Sd/- Sri. Antony  Xavier (Member)      :      

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

Appendix:-  Nil

// True Copy //                            

                                                           By Order                                                                                                                                      

Senior Superintendent

To

         Complainant/Opposite parties/S.F.

Typed by:- pr/- 

Compared by:-