BEFORE THE DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANGALORE
Dated this the 29th FEBRUARY 2016
PRESENT
SMT. ASHA SHETTY : HON’BLE PRESIDENT
SMT.LAVANYA M. RAI : HON’BLE MEMBER
COMPLAINT NO. 306/2015
(Admitted on 29.08.2015)
Lingappa Naik
S/o Govinda Naik
Aged about 58 years,
R/at. Kepukodi House,
Neerkaje Village,
Bantwal Tq, D.K. …….. COMPLAINANT
(Advocate for Complainant: Sri Sanjay D )
VERSUS
1. Managing Director,
L.G. Electronics India Pvt. Ltd.,
A Wing (3rd Floor) D-3
District Center Saket,
New Delhi-17.
2. Proprietor,
Souza Electronics,
Main Road, Rekha Building,
Puttur, D.K.-01. ……OPPOSITE PARTIES.
(Opposite party No.1 & 2 Ex-parte)
ORDER DELIVERED BY HON’BLE PRESIDENT
SMT. ASHA SHETTY
1. This complaint is filed under section 12 of the Consumer Protection Act alleging defect in double door LG Refrigerator GL 282 as against the opposite parties claiming certain reliefs.
The brief facts of the case are as under:
The complainant purchased double door LG Refrigerator GL282 on 11.01.2015 by paying Rs. 20,490/-. The said Refrigerator 1+4 or 9 years warranty and 1 year warranty on all parts and the compressor has 4 or 9 years additional warranty.
The complainant stated that immediately after the installation when it was checked the above Refrigerator Fridge portion (lower portion) where vegetables and other things are stored was not cooling and the things kept therein started to spoil and only the freezer was working. The problem was reported to the 2nd opposite party. Opposite Party has arranged to repair the Refrigerator. The technicians of the 1st Opposite Party has visited the complainant’s house twice but could not find out or sought out the problem. Further the complainant has also noticed that the Refrigerator does not have the parts shown in the catalog in the Refrigerator supplied to the complainant. The complainant requested the 2nd Opposite Party to refund the prize of the refrigerator immediately. But the Opposite Party No. 2 has not responded to the request of the complainant. Hence the complainant got issued regd. Lawyer’s notice dated 02.02.2015 to the opposite parties and the same was served on the Opposite Party No. 1 & 2.
It is stated that, the Refrigerator sold and manufactured by opposite parties is defective and hence above complaint filed U/sec 12 of the Consumer Protection Act 1986 (herein after referred to as the act) seeking direction from this Forum to the opposite parties to refund a sum of Rs. 20,490/- along with interest and compensation and cost of the proceedings.
II. 1. Version notice served to the opposite parties No. 1 & 2 by R.P.A.D receiving version notice neither appeared nor contested the case before this FORA. Hence we have proceeded ex-parte as against the opposite parties.
III. 1. In support of the complaint, Sri Lingappa Naik, (CW1) the Complainant filed affidavit reiterating what has been stated in the complaint and produced Ex. C1 to C6.
In view of the above said facts, the points now that arise for our consideration in this case are as under:
Whether the complainant proves that the Refrigerator purchased on 14.01.2015 from the opposite parties found to be defective?-
Whether the complainant proves that the opposite parties have committed deficiency in service?
If so, whether the complainant is entitled for the reliefs claimed?
What order?
We have considered the notes/oral arguments submitted by the learned counsels and also considered the materials that was placed before this Forum and answer the points are as follows:.
Point No. (i) and (ii): Affirmative
Point No. (iii) and (iv). As per the final order.
REASONS
IV. 1. POINTS No. (i) TO (iv) : In order to substantiate the averments made in the complaint, complainant f filed affidavit and produced Ex-C-1 to C-6. The Ex C1 is the Tax invoice bill and EX C-6 is warranty Card reveals that the Refrigerator purchased on 14.01.2015 from the opposite party by paying Rs. 20,490/- the same was covered under 1+4 or 9 years warranty and 1 year warranty on all parts and the compressor has 4 or 9 years additional warranty.
It is seen on record that the refrigerator in question purchased on 14.01.2015 within the warranty period the above said refrigerator developed certain problems like not cooling and the eatables started to spoil and freezer only working, the same has been reported to the 2nd opposite party, the 2nd opposite party in turn arranged the technicians to attend the complaint, but they could not solve the problems. Further it would be seen that the complainant got issued a lawyers notice to the opposite parties, in-spite of that they have not attended the demand made therein. Apart from the above, the opposite parties in spite of receiving version notice not appeared nor contested the matter till this date shows their sheer negligence and entire material evidence placed by the complainant not contradicted nor controverted by the opposite parties. The entire evidence unrebutted by the opposite parties which requires no further proof.
Under the above circumstance, we hold that, the refrigerator sold by the opposite parties has some problems and proved to defective within the warranty period. Therefore, the opposite parties are liable to refund the entire amount i.e. Rs. 20,060/- to the complainant.
Generally, if the goods are having manufacturing defect is to be borne by the manufacturer. That would not mean that, the dealer is absolved from joint and several liabilities. As we know, the manufacturer not deals with the customers directly. Dealer having received the amount, undertaken free service and rectify defect during the warranty do not escape liability towards the manufacturing defect found in the refrigerator. As we know, the contract through dealer/service provider, privity of contract is with them. To ensure execution expeditiously and immediately, if necessary by making the payment/replacement to the complainant initially and then it will be for the dealer to claim reimbursement from the manufacturer. Therefore, the dealer and the manufacturer both are jointly and severally liable for the defects found in the refrigerator in this case.
In view of the aforesaid reasons, we hold that, the Opposite Party No. 1 and 2 are jointly and severally shall refund the cost of the Refrigerator Rs. 20,490/- by taking back the defective Refrigerator and also pay of Rs. 10,000/- as damages to the complainant for the inconvenience and harassment caused. Further pay Rs. 3,000/- as litigation expenses. Payment shall be made within 30 days from the date of receipt of this order.
In the result, we pass the following:
ORDER
The complaint is allowed. The opposite parties No. 1 and 2 jointly and severally shall refund ₹ 20,490/- (Rupees Twenty thousand four hundred ninty only) along with interest by taking back defective refrigerator and Rs. 3,000/- as litigation expenses. Payment shall be made within 30 days from the date of receipt of this order.
In case of failure to pay the above mentioned amount within the stipulated time, the Opposite Parties is directed to pay interest at the rate of 12% per annum on the above said total amount from the date of failure till the date of payment.
Copy of this order as per statutory requirements, be forward to the parties and file shall be consigned to record room.
(Page No.1 to 7 dictated to the Stenographer typed by him, revised and pronounced in the open court on this the 29th day of FEBRUARY 2016).
PRESIDENT MEMBER
(SMT. ASHA SHETTY) (SMT. LAVANYA M.RAI)
D.K. District Consumer Forum D.K. District Consumer Forum
Mangalore. Mangalore.
ANNEXURE
Witnesses examined on behalf of the Complainant:
CW-1 : Sri Lingappa Naik – Complainant.
Documents produced on behalf of the Complainant:
Ex. C1 : 14.01.2015: Original Tax Invoice.
Ex. C2 : : Quick Reference Guide.
Ex. C3 : 02.02.2015: The Office copy of the
Lawyer’s Notice.
Ex. C4 : 03.02.2015: Postal acknowledgment
of opposite party No. 1.
Ex. C5 : 03.02.2015: Postal Acknowledgment
of Opposite Party No. 2 dated 29.05.2015.
Ex. C6 : 14.01.2015: Warranty Card.
Witnesses examined on behalf of the Opposite Party:
- Nil -
Documents produced on behalf of the Opposite Party:
- Nil -
Dated: 29.02.2016. PRESIDENT
