By. Smt. Beena. M, Member:-
This is a complaint preferred under section 35 of the Consumer Protection Act 2019.
2. Brief facts of the case are given below:-
The Complainant had purchased a Refrigerator made by Haier company from Opposite Party for Rs.13,700/- on 11/10/2022. But the said refrigerator became defective within one month and the same was replaced with another one by Opposite Party. But the replaced refrigerator was also found defective. Then the Complainant informed the said fact to the Opposite Party. A mechanic of the Opposite Party came and told that the refrigerator has no complaints as stated by the Complainant. The defective refrigerator is still lying at the house of the Complainant. The actual price of the product is Rs.13,700/-, the Opposite Party charged Rs.15,000/- as the price of the product by instalment. The Complainant paid the entire amount. The refrigerator was purchased by the Complainant for his relative Afsal. Due to the defect of the refrigerator, the Complainant and his relative Afsal faced mental agony and monetary loss. Hence, this Complaint.
3. After the admission of this Complaint, the Commission issued summons to the Opposite Party. The Opposite Party entered appearance on 02/05/2023 and filed vakalath and sought time for filing version. Hence, the case was adjourned to 15/05/2023. The Opposite Party failed to file version within stipulated time. Hence the Commission set them ex-parte.
4. The Complainant had adduced oral evidence. He was examined as PW1 and the document produced was marked as Ext A1.
5. According to the Complainant, due to the defect of the refrigerator the Complainant and his relative suffered much mental agony and financial hardship. Ext.A1 is the cash invoice deals with the purchase of the refrigerator on 11/10/2022 for Rs.13,700/-. The Complainant claimed that he had paid Rs.15,000/- as price of the product by instalment. But the Complainant failed to produce the relevant document to show that he had paid Rs.15,000/- as the value of product. Through the available unchallenged evidence before the Commission, it is evident that there is deficiency in service on the part of the Opposite Party. There is no rebutted evidence also from the side of Opposite Party. So, that the difficulty caused to the Complainant has to be compensated by the Opposite Party.
In the result, the complaint is allowed directing the Opposite Party to replace the refrigerator with a new good quality product or to refund an amount of Rs.13,700/- (Rupees Thirteen Thousand and Seven Hundred Only) and further directed to Pay Rs.5,000/- (Rupees Five Thousand Only) as compensation. The above order shall be complied by the Opposite Party within one month of the date of receipt of this order. Failing which, the Complainant is entitled to get interest @ 8% per annum from the date of this order till the realization of the amount.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 17th day of August 2023.
Date of Filing:-07.03.2023.
PRESIDENT : Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
APPENDIX.
Witness for the Complainant:-
PW1. Haseena. K. V. Housewife.
Witness for the Opposite Party:-
Nil.
Exhibits for the Complainant:
A1. Tax Invoice Original. Dt:11.10.2022.
Exhibits for the Opposite Party:-
Nil.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
ASSISTANT REGISTRAR
CDRC, WAYANAD.
Kv/
