QUILON RADIO SERVICE Vs. P T MATHEW

JUDGEMENT

(1.) These appeals are directed against the order passed by the District Forum, Kottayam in O. P.701/92.

(2.) The second opposite party is the appellant in Appeal No.585/92 and the 3rd opposite party is the appellant in Appeal No.586/92. As common questions arise in these appeals, we dispose of the appeals by a common order.

(3.) The respondent in these appeals is the complainant. He purchased a Kelvinator Fridge on 31/8/1990 from the 1st opposite party for Rs.7635.00. After 3 months the Fridge went out of order and the complainant took the Fridge to the 1st opposite party. The 1st opposite party entrusted the Fridge to the 2nd opposite party. The 2nd opposite party kept the Fridge for about 3 months and returned it stating that it was repaired. The complainant took the Fridge at home believing the representation, but it was found that the Fridge was not cooling. The complainant again took the Fridge to the 2nd opposite party. After two months it was returned to the complainant after repairs. The Fridge worked for 4 months making big noise. This was reported to the 1st opposite party. He took the Fridge and again entrusted to the 2nd opposite party. The 2nd opposite party kept the Fridge with them for 4 months and it was returned representing that it was repaired. For another two months the Fridge worked but with big noise and then it went out of order completely. The Fridge was in a non-repairable condition. It is alleged by the complainant that he could use the Fridge only for 9 months after purchase and for the rest of the period the Fridge was with the 2nd opposite party. The complainant claimed replacement of the Fridge with a new one free of cost or refund of the price paid with 18% interest and payment of Rs.2000.00 towards loss and mental agony from the opposite parties.