ORDER

BY SRI D.SURESH, MEMBER.

1.     This is the Complaint filed by the Complainant under Section 12 of Consumer Protection Act 1986, against the Opposite Parties (herein referred in short as O.Ps) alleging the deficiency in service  and direct  OPs to refund the cost of the refrigerator Rs.28,950/- along with interest at 24% per annum from the date of purchase till payment and to pay Rs.18,250/- towards expenses incurred by complainant for travelling expenses along with 24% per annum and to pay Rs.2,300/- cost of new stabilizer and to pay Rs.25,000/- as damages for mental agony and further pay Rs.5,000/- towards cost of the legal proceedings and to pass such other and further reliefs as the forum deems fit.

2.     The Brief facts of the complaint are that: Complainant believing the words of OP’s representative purchased a new refrigerator  RT EON 241 SD 4.4 silver atom for Rs.26,930/- from OP 2 complainant paid Rs. 3250/-  as advance  and on 23.3.2016  complainant paid remaining amount of Rs.24,680/- and took delivery of product.  The user guide was also provided.   OP No.1 is the manufacturer and OP No.2 is the seller/dealer  of OP No.1 in selling the refrigerator.

3.     Few days after delivery and installation complainant found excessive heating of the fridge  and loud sound coming out of refrigerator.  Immediately,  he  called the  customer care on 01-08-2016.  In response, one Usman Pasha service personal visited the house of the  complainant and the repaired the  refrigerator .  But  issue was not resolved.  Hence complainant called up the customer care once again on 17.11.2016. One Khalidash visited the complainant’s house, checked the product and identified the issue and  he come to the  conclusion that the stabilizer to be replaced.   As such complaint paid a sum of Rs.2,300/- towards the cost of stabilizer and replaced the same in place of old stabilizer.  The same problem arose again 6 months later.  Each time service person of OP changed one or the  other spare parts of the refrigerator, was also  suggested to be  replaced even then the problem was not solved.  Subsequently on 26.06.2017 and  30.06.2017 called up the customer care  and also sent e mails  on 7.6.2017, 10.06.2017, 15.06.2017 and 25.10.2017.  Though OP received the said e-mails, OP did  not take any action to resolve the issue.    Ultimately, complainant sent a legal notice  to  the Op on 23.01.2018. OP No.1 has given a reply notice denying the facts.  The remaining Ops kept on dragging  stating that  they will solve the problem inspite of it not settled issue.  Hence this complaint.  

4.     Upon issuance of notice OP.No.1 and 2 appeared through their counsel. Since this forum given sufficient opportunity to file version, but OPs did not file their version.

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 there is deficiency in service

    on the part of OPs?

2) Whether the Complainant is entitled to

   the relief prayed for in the complaint?

6.     WE ANSWER:-

POINT NO.1 :   In the Affirmative.

POINT No.2 :   Partly in the Affirmative

                                For the following.

REASONS

POINT No.1 & 2:-

7.     On perusing the complaint, evidence and the documents filed by the complainant, it becomes clear that,  the complainant  purchased the refrigerator from the OPs shop for a sum of Rs.27,930/- for which he has produced the invoice cum challan dated 23.07.2016.   Few days after delivery and installation complainant found excessive heating of the fridge and loud sound coming out of refrigerator.  Immediately complainant called the  customer care on 01-08-2016.  In response, one Usman pasha service personal visited the house of complainant and repaired the refrigerator. After his visit issue did not resolved.

8.     Even one Kalidas technician could not get the refrigerator  fully repair inspite  of replacing the stabilizer as per his advise from the date of purchase of the refrigerator the dates on which it was repaired it can be seen that a new refrigerator has to be repaired frequently.  In our opinion only due to manufacturing defect otherwise a new refrigerator required  frequent repairs.  Hence we are of the opinion a defective  refrigerator has sold to the complainant and even the defect brought to the notice of  Ops the same was not rectified.  Since Ops remained absent inspite of service of notice, the allegations made by the complainant  against OPs remained unchallenged. Hence we are of the opinion that there is deficiency in service on the part of OPs. In view of this, we answer POINT NO.1 IN THE AFFIRMATIVE.

POINT NO.2:

9.     In the result, OP.No.1 and 2 are directed to refund a sum of  Rs.27,930/-  being the value of refrigerator along with interest  at the rate of 12 % per annum  from 17.11.2016 till realization and Rs.2,300/- being the purchase value of stabilizer and Rs.5,000/- towards damages for  mental agony and physical strain and Rs.2,500/- towards litigation expenses. Complainant is not entitled  for any other relief as prayed in the complaint. Further we directed the complainant directed to return the refrigerator along with stabilizer upon receiving aforesaid amount from the OPs.  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 to pay a sum of  Rs.27,930/-  being the value of refrigerator along with interest at the rate of  12% per annum from 17.11.2016  till realization and to pay Rs.2,300/- being the cost of the stabilizer. Complainant is directed to return the defective refrigerator along with stabilizer after receiving the aforesaid amount.
3. OPs are further directed to pay a sum of Rs.5,000/- towards  damages and Rs.2,500/- 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 failing which the same will be destroyed as per the C.P. Act and Rules thereon.

(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Forum on this 28^th  AUGUST  2019)

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: Original copy of the application.

Ex P2: Original copy of the bill

Ex P3: User guide

Ex P4: Text messages sent by the company

Ex P5: Original bill of the stabilizer with warranty card.

Ex P6: Copies of emails sent and the reply.

Ex P7: Copy of the legal notice.

Ex P8: Copy of the Reply notice.  

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

-Nil-

Copies of Documents produced on behalf of Opposite Party/s

-Nil-

MEMBER                        PRESIDENT

A*