This Complaint coming up before us for hearing on 12-08-11 in the presence of Sri D. Pitchi Reddy, advocate for complainant and opposite parties remained absent and set exparte, upon perusing the material on record and having stood over till this day for consideration this Forum made the following:-
O R D E R
Per Sri A. Hazarath Rao, President:-
The complainant filed this complaint under section 12 of the Consumer Protection Act seeking Rs.11,800/- being value of refrigerator, Rs.1180/- towards interest, Rs.5,000/- towards harassment and mental agony and Rs.2,000/- towards costs.
2. In brief the averments of the complaint are these:
The complainant purchased a refrigerator of model No.11900 from the 1st opposite party on 24-01-11 manufactured by the 2nd opposite party. The said refrigerator was not functioning from the 3rd day of purchase. The 1st opposite party adjusted some parts and left without correcting the defect. The complainant sent the said refrigerator to the 1st opposite party at its request. But the said refrigerator was left unconditioned. The complainant requested the 1st opposite party to replace or refund the amount. The said refrigerator is having manufacturing defect. The complaint therefore be allowed.
3. The opposite parties remained exparte.
4. Exs.A-1 to A-7 on behalf of the complainant were marked.
5. Now the points that arose for consideration in this complaint are:
- Whether the opposite parties committed deficiency of service?
- Whether the complainant is entitled to compensation?
- To what relief?
6. POINT No.1:- Under Ex.A-3 invoice the complainant purchased whirlpool refrigerator on 24-01-11 from the 1st opposite party for Rs.11,800/-. Ex.A-4 warranty issued by the 1st opposite party revealed that there is a comprehensive warranty for a period of one year from the date of purchase and four years warranty on the compressor. The complainant also got issued notice to the opposite parties on 07-06-11 under registered post.
7. The contention of the complainant is that the 1st opposite party failed to issue receipt after taking the refrigerator covered by Ex.A-3. The complaint did not file any document to show the return of refrigerator. As the opposite parties remained exparte the contention of the complainant has to be believed. The 1st opposite party delivering the refrigerator with a manufacturing defect amounted to deficiency of service. Hence this point is answered in favour of the complainant.
8. POINT No.2:- If any new article or item purchased gives trouble and does not function properly it causes agony and suffering to any purchaser. On this account awarding a sum of Rs.2,000/- will meet ends of justice. Hence this point is answered accordingly in favour of the complainant.
9. POINT NO.3:- In view of above findings, in the result the complaint is allowed partly as indicated below:
- The opposite parties are directed to replace the refrigerator covered by Ex.A-3 within four weeks.
- If in case of default of the above clause the complainant is entitled to recover Rs.11,800/- (Rupees eleven thousand eight hundred only) together with interest at 12% p.a., from 07-06-11 till payment.
- The opposite parties are directed to pay Rs.2,000/- (Rupees two thousand only) towards compensation and Rs.1,000/- (Rupees one thousand only) towards costs.
- The amounts ordered above shall be paid within a period of six weeks from the date of receipt of the copy of the order.
Typed to my dictation by Junior Stenographer, corrected by me and pronounced in the open Forum dated this the 16th day of August, 2011.
MEMBER MEMBER PRESIDENT
APPENDIX OF EVIDENCE
DOCUMENTS MARKED
For Complainant:
Ex.Nos. | DATE | DESCRIPTION OF DOCUMENTS |
A1 | 06-06-11 | Copy of legal notice to opposite parties 1 & 2 |
A2 | - | Copy of postal receipts and acknowledgements |
A3 | 24-01-11 | Copy of tax invoice-cum-receipt of OP1. |
A4 | - | Copy of warranty |
A5 | 15-05-11 | Letter of complainant |
A6 | - | Postal receipts and acknowledgements |
PRESIDENT
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