ORDER

SRI.H.R. SRINIVAS.  PRESIDENT

1.     This is the Complaint filed by the Complainant against the Opposite Parties (herein referred to as OPs) under section 35 of the Consumer Protection Act, 2019 for the deficiency  of service  in supplying/selling a defective fridge and for refund of Rs.50,000/- along with interest at 9.5% on the said amount and compensation for causing harassment and wasting his time and cost and for other reliefs as the Hon’ble District Commission deems fit.

2.     The brief facts of the complaint are that; OP No.1 is the manufacturer of the fridge and OP-2 is the seller of the same. Complainant purchased a fridge “Whrilpool refrigerator model 200 liter single door refrigerator (Auto Defrost technology) 3 star with 10 years warranty from OP.2 on 2.06.2020 by paying Rs.15,000/-. On 13.07.2020 since the said fridge was malfunctioning and huge ice was forming in and around the freezer, spoiled the food items, the dairy products, and cooked food and the same was complained to OP-1.  It promised to send a technician for setting right the problem.  Inspite of it, no person turned out from OP-1 or OP-2. Even after calling back also, there was no response. Since complainant was busy with his office work, he could not visit OP-1 in person. On 23.08.2020 the complainant visited OP-2 and enquired about his complaint. For his surprise, OP-2 registered a complaint afresh and after two days sent a service technician who inspected the fridge and said that it is not an auto defrost fridge, and it is a manually operating fridge with a button even the said manual defrost system did not work properly. It remained for 8 hours on the manual mode and switched off automatically. When the matter was brought to the notice of OP, OP denied the technicians claim. 

3.     After a few days, he got a call from customer care of OP-1 and promised to send a technician but did not do so.  He made a complaint to the National consumer helpline and also issued a legal notice to OP-1 and 2.  OP-1 has manufactured a defective fridge and OP-2 has sold the same stating that it is an automatic defrost fridge there by there is deficiency in service, imperfection, shortcoming and inadequacy in the quality. Hence the complaint

4.     Upon the service of notice, OP appeared through their counsel filed its version, contending that the complaint is false, frivolous and vexatious and devoid of merits and complaint is not maintainable iehter on facts or in law. It is submitted that the refrigerator purchased by the complainant does not have auto defrost feature, which means the complaint has to manually defrost the system from time to time and failure to do so will result in accumulation of frost and the said necessity and procedure is also prescribed in the manual furnished to the complainant at the time of sale.  Hence the present problem faced by the complainant is not on account of defect in the refrigerator but due to poor handling as the refrigerator purchased by the complainant is a manual defrosting refrigerator and thus the present complaint is nothing but an abuse of the process of law. It is submitted that complainant having purchased the refrigerator for a sum of Rs.15,000/- is making a demand for an exorbitant amount of Rs.50,000/- along with interest and costs which shows the complainant to extort the money and the case is not without any merits. It is submitted that the technicians after receiving the complaints from the complainant have visited and fund the refrigerator to be free from defect. It is contended that Op denied all the other allegations made in the complaint and prayed for dismissal of the complaint.

5.     In order to prove the case, complainant has filed his affidavit evidence and produced documents. Arguments Heard. The following points arise for our consideration:-

1) Whether the complainant has proved deficiency in service on the part of the Opposite Parties?

2) Whether the complainant is entitled to the relief prayed for in the complaint?

6.     Our answers to the above points are:-

POINT NO.1: In the Affirmative

POINT NO.2: Partly in the Affirmative

For the following:

REASONS

POINT No.1:-

7.     Upon perusing the entire documents, version and the complaint, it becomes clear that the complainant purchased Whrilpool Ref D/c VM Pro ROY INV Alpha steel refrigerator by paying Rs.15,000/- as per Ex.P1. The complainant also produced Ex.P2 photo to show the formative of Ice within the fridge. He has also produced Ex.P3 the copy of the complaint. He has raised the issue with National Consumer Help line. Ex P4 is the brochure in respect of the Fridge issued by the Whirlpool company in respect of VITA Magic 3 star inverter 215 liter. It has an automatic defrost technology along with 6^th sense intally frost technology with alpha steel colour. This is the fridge which  the complainant has purchased. As per the photos purchased there was frost collected inside the fridge. As claimed by OP, it ought to have been auto defrost technology in which the defrost to take automatically as soon as there is the formation the ice in the fridge.

8.     On the other hand, it is the case of the OP that the complainant purchased a manual operated defrosting system and not an auto defrost fridge.  No document has been produced to that effect.

9.     The case of the complainant is more probable as he has produced manual/brochure in respect of the fridge he has purchased. Hence we hold that there is deficiency in service in supplying/selling a fridge without auto defrost though it has collected money for an auto defrost fridge Hence we answer POINT NO.1 IN THE AFFIRMATIVE.

POINT NO.2:

10.   In the result OP is bound to either replace the said fridge with an auto defrost mechanism or else to refund the amount along with interest. Complainant has not placed any materials to show that is a manufacturing defect in the fridge, whereas it is a wrong selling by OP-2  which also amounts to defy in service.  The same could have been replaced with a fridge having auto defrost mechanism whereas, for the best reasons known to the OPs they did not do it which forced the complainant to file this complaint and also put the complainant under mental agony, harassment and hardship for which we direct OP.No.1 and 2 jointly and severally to pay a sum of Rs.10,000/- towards damages and Rs.5,000/- towards litigation expenses, besides replacing the fridge with an auto defrost mechanism and in case the complainant do not want to accept the alternate replacement, OPs are directed to refund Rs.15,000/- along with interest at 12% per annum from the date of the complaint i.e. 13.07.2020 the day on which he made the complaint regarding formation of the ice till payment of the entire amount and hence we answer POINT NO.2 PARTLY IN THE AFFIRMATIVE and pass the following:

ORDER

1.  The Complaint is hereby allowed in part with cost.
2. OP No.1 and 2 are jointly and severally hereby directed replace the said fridge with an auto defrost mechanism or else to refund the amount for a sum of Rs.15,000/- being the value of refrigerator along with interest at the rate of  12% per annum from 13.07.2020 till realization. Complainant is directed to return the defective refrigerator after receiving the replacement or the amount.
3. OPs are further directed to pay a sum of Rs.10,000/- towards  damages and Rs.5,000/- towards litigation expenses.
4. The O.Ps are hereby directed to comply the above order at within 30 days from the date of receipt of this order and submit the compliance report to this forum within 15 days thereafter.
5. Send a copy of this order to both parties free of cost.

Note: You are hereby directed to take back the extra copies of the Complaints/version, documents and records filed by you within one month from the date of receipt of this order.

(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Forum on this day the 9^th day of April 2021)

MEMBER                 PRESIDENT

ANNEXURES

1. Witness examined on behalf of the Complainant/s by way of affidavit:

Copies of Documents produced on behalf of Complainant/s:

Ex P1: The Original Invoice

Ex P2: Photograph to show the formation of frost.

Ex. P3: Email correspondence.

Ex P4: Broacher

Ex P5: User Manual 

2. Witness examined on behalf of the Opposite party/s by way of affidavit:

RW-1: - Nil-

Copies of Documents produced on behalf of Opposite Party/s

-Nil-

MEMBER                        PRESIDENT

RAK*