Sh.Anoop Sharma, Presiding Member.
1. Mrs.Kamlesh Rani has brought the instant complaint under section 12 & 13 of the Consumer Protection Act, 1986 on the allegations that she purchased a refrigerator from Opposite Party No.1 being manufactured by Opposite Party No.3 and Party No.2 is service/ warranty provider, vide invoice No. 1796 dated 5.7.2012 for Rs.56000/- having warranty of five years. The complainant is a consumer as provided under the Consumer Protection Act and is competent to invoke the jurisdiction of this Forum. Said refrigerator was having inherent manufacturing defect from the very first day of its purchase and was not giving the cooling and making loud noises besides the body of the refrigerator is getting cracked from various positions and the complaints to the said effect were made to the Opposite Party No.3 on is toll free number and the Opposite Party No.2 tried to rectify the body defects and other defects but to no avail. Said refrigerator from the date of purchase till today is giving the same trouble of not cooling and making loud noises and body being cracked and the complainant made the complaints to the Opposite Parties No.2 and 3, but they tried to rectify the defects, but could not set right the refrigerator and the last complaint to the said effect was made on 21.4.2016 having complaint No. 4212807912 which is still pending with Opposite Parties and whenever the complainant lodged the complaint with Opposite Parties No.2 and 3, the same complaint number is always assigned with the remarks that the complaint is pending. The complainant previously made complaints on 27.6.2013, 3.5.2014, 11.5.2014, 6.11.2015, 8.2.2016, 5.3.2016, 16.3.2016. It is pertinent to mention over here that said refrigerator is lying idle till date due to callous attitude of the Opposite Parties. Vide instant complaint, the complainant has sought the following reliefs.
- The Opposite Parties be directed to rectify the refrigerator of the complainant and in case is not repairable replace with the same make or equivalent make or model of refrigerator or in alternative refund Rs.56000/- alongwith interest @ 12% per annum thereon from the date of payment till realization.
- Opposite Parties be directed to pay compensation of Rs.25,000/- to the complainant.
- Opposite Parties be directed to pay the adequate cost of the present litigation.
- Any other relief to which the complainant is found under the law, equity and justice be also allowed.
Hence, this complaint.
2. Upon notice, none appeared on behalf of Opposite Parties No.1 and 2 despite due service and hence they were proceeded exparte vide order dated 29.07.2016 of this Forum .
3. Opposite Party No.3 appeared through counsel and filed written version in which it was submitted that the complainant is not entitled to any relief from the Forum as he has concealed the true and material facts. The refrigerator in question is perfectly working and there was no such problem of low cooling as alleged in the complainant. The last complaint was lodged by the complainant on 8.2.2016 with regard to cooling problem. Service engineer visited the premises of the complainant and thoroughly checked the refrigerator and found defrost sensor not working. As the warranty period of one year was over the repair was to be done on chargeable basis the estimate of repair was given to the complainant, but the complainant refused to get her refrigerator repaired on chargeable basis. There is no consumer dispute between the parties nor there is any deficiency in service on the part of answering Opposite Party. The complainant as and when lodged complaint with the answering Opposite Party on 11.5.2015, 6.11.2015 and 8.2.2016 regarding the refrigerator in question, the same were duly attended and complainant was satisfied with the working of refrigerator and now she has filed the present complaint with ulterior motives. While denying and controverting other allegations, dismissal of complaint was prayed.
4. Complainant tendered into evidence his affidavit Ex.C1 alongwith documents Ex.C2 to Ex.C7 and closed the evidence on behalf of the complainant.
5. Opposite Party No.3 tendered into evidence the affidavit of Anindya Bose Ex.OP3/1 and closed the evidence on behalf of Opposite Party No.3.
6. We have carefully gone through the pleadings of the parties; arguments advanced by the complainant and ld.counsel for Opposite Party No.3 and have appreciated the evidence produced on record by both the parties.
7. From the record i.e. pleadings of the parties and the evidence produced on record by the parties, it stand fully proved on record that the complainant purchased a refrigerator from Opposite Party No.1 being manufactured by Opposite Party No.3 and Party No.2 is service/ warranty provider, vide invoice No. 1796 dated 5.7.2012 for Rs.56000/- having warranty of five years, copy of invoice accounts for Ex.C3. Complainant submitted that said refrigerator was having inherent manufacturing defect from the very first day of its purchase and was not giving the cooling and making loud noises besides the body of the refrigerator is getting cracked from various positions and the complaints to the said effect were made to the Opposite Party No.3 on is toll free number and the Opposite Party No.2 tried to rectify the body defects and other defects but to no avail. Said refrigerator from the date of purchase till today is giving the same trouble of not cooling and making loud noises and body being cracked and the complainant made the complaints to the Opposite Parties No.2 and 3, but they tried to rectify the defects, but could not set right the refrigerator and the last complaint to the said effect was made on 21.4.2016 having complaint No. 4212807912 which is still pending with Opposite Parties and whenever the complainant lodged the complaint with Opposite Parties No.2 and 3, the same complaint number is always assigned with the remarks that the complaint is pending. The complainant previously made complaints on 27.6.2013, 3.5.2014, 11.5.2014, 6.11.2015, 8.2.2016, 5.3.2016, 16.3.2016. Said refrigerator is lying idle till date due to callous attitude of the Opposite Parties.
8. Plea of Opposite Party No.3 that the complainant is not entitled to any relief from the Forum as he has concealed the true and material facts. The refrigerator in question is perfectly working and there was no such problem of low cooling as alleged in the complainant. The last complaint was lodged by the complainant on 8.2.2016 with regard to cooling problem. Service engineer visited the premises of the complainant and thoroughly checked the refrigerator and found defrost sensor not working. As the warranty period of one year was over the repair was to be done on chargeable basis the estimate of repair was given to the complainant, but the complainant refused to get her refrigerator repaired on chargeable basis. There is no consumer dispute between the parties nor there is any deficiency in service on the part of answering Opposite Party. The complainant as and when lodged complaint with the answering Opposite Party on 11.5.2015, 6.11.2015 and 8.2.2016 regarding the refrigerator in question, the same were duly attended and complainant was satisfied with the working of refrigerator and now she has filed the present complaint with ulterior motives, is not tenable because if there was not any defect in the refrigerator, then what was the need for the complainant to file the complaint against Opposite Party by spending huge amount i.e. for making counsel fee, etc. The complainant has specifically mentioned in his complaint that earlier also he made complaints on 27.6.2013, 3.5.2014, 11.5.2014, 6.11.2015, 8.2.2016, 5.3.2016, 16.3.2016 and also served legal notice upon the Opposite Parties, copy of which accounts for Ex.C2, but the Opposite Parties did not bother to remove the defect in the refrigerator in question and the complainant was compelled to file the instant complaint. On the other hand, Opposite Party No.3 in its written version has specifically admitted that the complainant as and when lodged complaint with the answering Opposite Party on 11.5.2015, 6.11.2015 and 8.2.2016 regarding the refrigerator in question, the same were duly attended and complainant was satisfied with the working of refrigerator, but no proof with regard to satisfaction of the complainant in this regard has been placed on record by Opposite Party No.3. All this fully proves that all the Opposite Parties have failed to repair the refrigerator of the complainant to his satisfaction, despite issuance of legal notice also. But however, the complainant has failed to prove that there was any inherent defect in the refrigerator in question.
9. Resultantly, we allow the complaint of the complainant and all the Opposite Parties are jointly and severally directed to repair the refrigerator of the complainant to the satisfaction of the complainant, without any charges within 7 days from the date of receipt of refrigerator at Service Centre. The Opposite Parties are also directed to pay compensation for causing mental tension and harassment to the tune of Rs.5,000/- beside costs of litigation to the tune of Rs.2,000/- to the complainant. Copies of the orders be furnished to the parties free of cost. File is ordered to be consigned to the record room.
Dated: 16.01.2017
