Order No. 2                       

Ld. Advocate for the complainant is present.

Perused and considered the plaint of the complainant along with photocopy of Annexures.

The case of the complainant is that the complainant has purchased a fridge ‘Hitachi R-VG540PND3-(GGR)-2 Door Inverter/489 LTR’ from opposite party no.1 on payment of consideration ofRs.63,500/- only on 30.10.2015.  on several occasions the said fridge was  serviced by opposite party nos.2 including thrice change of compressor.  Thereafter, in the year 2021 due to water leakage from the fridge, on 13.08.2021, S.S. Enterprise was assigned for its repairing.  The Engineer, Mr. Jay Ganguly of S.S. Enterprise inspected the fridge and filled gas on payment of Rs.3,450/- only (Annexure – 2), but the defect of the fridge was not cured.  Thereafter, on 01.11.2021, on the basis of a complaint with the Customer Care of opposite party Freeze House’s Engineer inspected the defective fridge and was of opinion that the fridge sustained damage due to wrong gas filled by S.S. Enterprise in it. Thereafter the complainant lodged several complaints with the opposite parties through e-mail for replacing the fridge, but in vain.

Hence, this case,

Admittedly the fridge was brought from opposite party no.1 in the year 2015 and S.S. Enterprise was assigned to repair the defect of the fridge in the year 2021. No warrantee card is submitted.  No document has been filed by the complainant to preliminary show that S.S. Enterprise is the authorized agent of opposite party nos.2.  No document of Annual Maintenance Certificate (AMC) of the fridge between the complainant and opposite party nos.2 has been filed.  That a part, S.S. Enterprise is not a party to the case.  There is absolutely no prima facie document to show that opposite party nos.1 and 2 are in any way responsible to repair the defect of the fridge after lapse of approximately 5 years from the date of sell of the fridge.

In the above circumstances, we are of the opinion that the complainant has no cause of action to file the instant case against the opposite parties.

Therefore, the complaint case cannot be admitted and as such dismissed in limini.

Thus the Complaint Case is disposed of.