Smt. Sheela Jacob (President I/C):
This case is based on the consumer complaint filed under section 12 of the Consumer Protection Act, 1986.
2. The averments in the complaint in short, are as follows.
3. On 01/08/2018 the complainant purchased a microwave oven LG and Refrigerator LGDC 190Ltr from the 1st opposite party shop. The 1st opposite party had issued cash bills and offering one year warranty for microwave oven and 4 years warranty for refrigerator. The 2nd opposite party is the authorized service center. He was using the same on the date of purchase.
4. The complainant is a disabled person. Recent flood affected in Kerala damaged his electronic items as he was not able to keep those in safe position because he needs help of another person to do anything as he is having disability.
5. On 20/09/2018 the matter was intimated to the 2nd opposite party. The technician came and checked the microwave oven and refrigerator. Even after the service of the microwave oven the same was not working. The technician intimated that some parts has to be changed. He demanded an amount of Rs. 904/- for rectifying the defect. The complainant paid the amount while in the period of warranty. Even then the said microwave oven showed complaints. On 29/10/2018, the technician came and took the microwave oven to their service center, Thiruvalla and which is not yet returned.
6. The technician checked the refrigerator and observed that the thermostat became defective. He demanded an amount of Rs. 1,000/- for rectifying the defect. According to the complainant the defects of his refrigerator is covered under warranty and the opposite parties are liable to repair the refrigerator at free of cost as the warranty is in force. So the act of the opposite party is not repairing the refrigerator and microwave oven is a deficiency in service which caused mental agony and financial loss to the complainant and they are liable to the complainant for the same. Hence this complaint for replacing a new microwave oven and refrigerator or in the alternative the complainant may be allowed to realize the whole amount of Rs. 27,300/- (the price of the refrigerator & microwave oven) along with compensation of Rs. 25,000/- and cost of this proceedings.
7. Though notices were served on the 1st and 2nd opposite party though they remained absent. However both opposite parties were neither turned up nor filed any version. Hence proceed with the case in the absence of opposite party 1st and 2nd. On the basis of the pleadings in the complaint, the only point to be considered is whether this compliant can be allowed or not. Complainant originally filed proof affidavit and got marked Exts. A1 to A5 documents. Ext. A1 series are bills dated: 01/01/2018 for Rs. 13,300/- and Rs. 14,000/- issued by the 1st opposite party. Ext. A2 is the tax invoice dated: 16/10/2018 issued by the 2nd opposite party. Ext. A3 is the job sheet dated:29/10/2018 issued by the 2nd opposite party. Ext. A4 series are the e-mail prints. Ext. A5 is the attested copy of the disability certificate.
8. In order to prove the case of the complainant, complainant filed a proof affidavit along with 5 documents. On the basis of the proof affidavit, documents produced and marked as Exts. A1 to A5. Ext. A1 series are bills dated: 01/01/2018 for Rs. 13,300/- and Rs. 14,000/- issued by the 1st opposite party in the name of the complainant in respect of microwave oven and refrigerator in question. Ext. A2 is the tax invoice dated: 16/10/2018 issued by the 2nd opposite party in the name of the complainant for Rs. 904/- in respect of the service charges. Ext. A3 is the job sheet dated:29/10/2018 issued by the 2nd opposite party. Ext. A4 series are the e-mail prints. Ext. A5 is the attested copy of the disability certificate of the complainant issued by the Medical Board.
9. On the basis of the complaint, we have perused the entire materials on record and found that the complainant had purchased a refrigerator and microwave oven from the 1st opposite party. The complainant’s allegation is that the microwave and refrigerator which he purchased from the 1st opposite party (authorized dealer) was totally destroyed due to flood. The 2nd opposite party’s the authorized technician came and repaired the microwave oven but it was not repaired properly. Moreover, they were collected the amount of Rs. 904/- from the complainant even though the said complaints and repairs were within the warranty period. At last, on the basis of the complaint of the complainant, the 2nd opposite party assured to take necessary steps. But they have not yet anything to resolve the problem. The above said act of the opposite party is a clear deficiency in service, which caused mental agony and financial loss to the complainant. Therefore, the complainant prays for allowing the complaint.
10. The complainant had sustained huge loss due to non-supply of the microwave oven and refrigerator. The main purpose for purchasing the oven and refrigerator was to keep the food cooked by his sisters and to heat the same when its needed because he is not able to cook by himself as he is having disability. The complainant has produced necessary documents. It is clear from the available materials that the complainant has purchased the oven and refrigerator for his own use. It is brought out in the evidence that the oven is still with the 2nd opposite party. Hence the case of the complainant that he has sustained much mental agony apart from the financial loss. The defect has been admittedly found out during warranty period and as defect is not yet cured. The complainant is entitled to get electronic items the rectified or replaced or get the value of microwave oven and refrigerator.
11. Since the opposite parties are ex-parte and there is no reason to disbelieve the allegation of the complainant, the complainant’s allegation stands proved against the opposite party’s as unchallenged. Therefore, we find that the above said act of the opposite parties are clear deficiency in service and they are liable to the complainant for the same. Hence, we find that this complaint is allowable against opposite parties. The points answered in favour of the complainant.
12. In the result the complainant stands allowed, in the following terms.
13. The 2nd opposite party is directed to rectify the defect of the microwave oven and refrigerator at free of cost. If not rectifiable make necessary arrangements to replace the same with the help of the authorized dealer i.e., the 1st opposite party or refund the cost of the refrigerator and microwave oven Rs. 27,000/- (Rupees Twenty Seven Thousand only) with 12% interest from the date of purchase.
14. The 1st and 2nd opposite parties are also directed to pay compensation to the tune of Rs. 10,000/- (Rupees Ten Thousand only) to the complainant and also pay Rs. 3,000/- (Rupees Three Thousand only) towards the cost of proceedings within 30 days from the date of receipt of a copy of this order failing which the complainant is allowed to recover the amount of Rs. 37,000/- (Rupees Thirty Seven Thousand only) along with costs and at the rate of 12% till realization from the 1st and 2nd opposite parties jointly and severely and from their assets.
Declared in the Open Forum on this the 30th day of April, 2019.
(Sd/-)
Sheela Jacob,
(President I/C)
Smt. N. Shajitha Beevi : (Sd/-)
Appendix:
Witness examined on the side of the complainant:Nil
Exhibits marked on the side of the complainant:
A1 series : Bills dated: 01/01/2018 for Rs. 13,300/- and Rs. 14,000/- issued
by the 1st opposite party.
A2 : Tax invoice dated: 16/10/2018 issued by the 2nd opposite party.
A3 : Job sheet dated:29/10/2018 issued by the 2nd opposite party.
A4 : The e-mail prints.
A5 : The attested copy of the disability certificate of the complainant issued by
the Medical Board.
Witness examined on the side of the complainant: Nil.
Exhibits marked on the side of the complainant: Nil.
(By Order)
Copy to:- (1) Yousaf Sali,
Ezhumulathil Veedu,
Nedumpram PO, Thiruvalla.
(2) The Manager,
Pittappillil Agencies, Perumthuruthi Jn.,
M.C. Road, Thriuvalla.
(3) The Service Manager,
L.G Electronics India Pvt. Ltd.,
S.L Electronics, 928, Kallumadiyil Buildings,
CSI Church Road, Teepani, Thiruvalla – 689101.
