Subject of the complaint which compelled complainant to hook this commission is that, complainant purchased a refrigerator from whirlpool company on 15/10/2020 at a consideration of Rs.28,000/-. But after installation of the same no Ice was formed at deep freeze. Temperature in between the room and freeze temperate same, not only that all kept materials in freeze perished which resulted hug pecuniary loss. Complainant informed OP-2 (Manjushiree Electronich) who paid no heed rather said they had nothing to do since it was a manufacturing defect. Complainant requested them to replace the freeze but all in vain. They neither replaced the freeze nor repaired it. So due to their deficiency in service and unfair trade practice complainant is suffering much loss. Hence this complainant approached before this commission for the relief as return of purchase-price and compensation of Rs.1,00,000/- for agony and  harassment and litigation cost Rs.50,000/-.

       In order to substantiate the complaint, he filed the documents like receipt of purchase which marked as exbt.1, manual of freeze which marked as exbt.2 and examined himself in writing with affidavit.

       Ops as company received the summons but did not pay any heed to it. Hence ex-party hearing arose.

::DECISION  WHITH  REASON::

Point to be decided :- whether there any deficiency in service and unfair trade practice by the Ops?

This commission carefully perused the complaint and evidence in writing by the complainant and also perused the purchase-receipt of freeze and the manual content with 10 years warranty.

Now, admitted position though having properly summoned none of the Ops dare to come before the court/commission to establish their fairness in service or to show that no fault on their part or freeze was not under warranty when became disorder in operation.

Consequently on perusal of aforesaid two documents such as receipt of purchase and period of warranty as 10 years as per manual and relying on the unchallenged evidence or testimony of the complainant and submitted documents, this commission has no alternative but to hold that there is deficiency of service on the part of the Ops in selling the freeze to the complainant and complainant thereby is entitled to get relief as asked for in moderate manner.

Hence  ordered,

 Ops are directed to replace the freeze within one month from the date of order, i/d Complainant is entitle to get refund of purchase price of Rs.28,000/- along with @5% interest on sold price from the date of purchase to till realization.

 In addition to complainant is also entitle to get Rs.5000/- as litigation cost for his harassment to approach before the commission.

If none of the relief as given to the complainant is opted by the Ops, complainant is at liberty to put in execution of the final order of this commission as per provision of Consumer Protection Act. 2019 (under sec: 71/72 of CP Act.)

Let a copy of order be supplied to the parties free of cost.