| Final Order / Judgement | D.O.F:01/02/2019 D.O.O:15/03/2021 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.No.25/2019 Dated this, the 15th day of March 2021 PRESENT: SRI.KRISHNAN.K :PRESIDENT SRI.RADHAKRISHNAN NAIR.M : MEMBER SMT.BEENA.K.G : MEMBER Stebin.Tom S/o Tomy .M.J Mailadumparackal (H) Near S.N Poly Technic, : Complainant Kushal Nagar, Kanhangad 671315 pin,Kasaragod And - Haier Appliances,
New Delhi No.1800 200 999 - E-Planet
North Kottachery :Opposite parties Kanhangad ORDER SRI.KRISHNAN.K :PRESIDENT Complaint filed under section 12 of Consumer Protection Act:- - The case of the complainant is that she purchased a fridge of brand name Haier, through the dealer opposite party No.2. 12 years warranty is offered to the fridge. Its cooling effect and freezing found to be very poor. On 17/01/2017 cooling effect stopped completely. Repaired by the technician by paying repair charges. On 24/11/2018 fridge again stopped working. Complainant spent Rs.2500/- as repair cost. Later repaired two times. Gas change, condenser change were done. Despite repairs the fridge has now stopped working. Products stored inside the fridge got damaged, electrical usage also increased in units. Technician replied that it is a manufacturing defect. Company offered 12 years warranty. There is deficiency of service. Complainant claimed Rs. 35,000/- as compensation. Later raised the claim as Rs.50,000/- by way of amendment.
- Opposite party filed its written version, opposite party denied all the allegations made by the complainant in the complaint. Opposite party states that complainant made complaints twice recorded as CO 20181122105129 and CO 20181221103917 respectively. The complaint arose due to gas leakage from compressor which in turn resulted in inadequate cooling. Opposite party informed the complainant to take refrigerator to service centre for proper gas refilling which is not possible at home service. Complainant failed to take it to service centre for gas refill. Opposite party tried to convey the technical aspect and was not taken care by complainant. As a result, same issue arose subsequently. The refrigerator is working very smooth thereafter. As per version of opposite party complaint is without having a valid cause of action and hence prayed to dismiss the petition. Opposite party No.2 filed version saying that as a dealer they are not responsible for the manufacturing defect and not liable for replacement.
- Complainant filed chief affidavit Ext A1 to A5 documents are marked on his behalf. Ext A1 is the bill for purchase of fridge A2 is the warranty card. A3 is bill for repair cost on 17/01/2017, A4 is bill for repair cost in 11/11/18, Ext A5 is screen shot copy of complaint and resolution received through text message.
- Opposite party filed chief affidavit by its area service manager in charge. Opposite party was cross examined by complainant.
- As per rival contentions following points arise for considerations
- Whether there is an deficiency in service on the side of opposite parties
- Whether complainant is entitled for any compensation? If so for what relief?
- It was admitted case of both parties that opposite party No.1 is the manufacturer of Haier fridges and opposite party No.2 is the area dealer. It is also admitted that complainant purchased the Haier fridge through its dealer opposite party No.2 on 03/10/2015 by paying its prize Rs.20,100/-. Complainant is specifics that 12 year warranty is assured not denied by opposite partyNo.1. Defects noted relating to cooling effect, gas leakage. Problems continued, repaired by spending her own amount but still not cured the defects and finally she was to bring it to the service centre but not adhered to pay by complainant.
- According to complainant it is not working properly but completely of no use. On the other hand opposite party No.2 states that fridge is alright and in condition but no details how he is so sure, regarding when he last inspected the fridge, who repaired it and amount paid, its details and repair carried out etc. Complaint was filed on 01/02/2019. Ext A5 massage shows that last message dated 04/01/2019. So that there was no evidence, either documentary or oral to come to conclusion that problems of the fridge namely leakage that of gas, low cooling effect, functioning not properly has cured at that time completely after reporting the defects. Ext A4 dated 21/11/2018 shows that the complainant incurred expenses at Rs.2500/- for repair of fridge. So it is made clear from legal and acceptable evidence that fridge still not working properly and gas leakage continued. If really there is no problem to the fridge why opposite party No.2 insist to take the fridge for repair to service centre itself.
- On the basis of documents produced and oral evidence adduced, we are fully convinced that fridge suffers from various defects and it is beyond repair and still continues complaints and requires expenditure for repairs and though replacement is not claimed with brand new one in its place, Justice will be meted out to parties concerned if instead of replacement sum of Rs.25,000/- is awarded as reasonable compensation for deficiency in service.
- Furthermore though fridge is covered a warranty period of 12 years, repair is effected at the cost of complainant. For which complainant is entitled to Rs.5,000/- towards expenses incurred for repair etc. Payable by opposite parties and also entitled for cost of litigation.
- In the result complaint is allowed in part opposite party No.1 and 2 are jointly and severally liable to pay Rs.25,000/- (Rupees Twenty Five thousand only) the amount of compensation for deficiency in service and an amount of Rs.5,000/-(Rupees five thousand only) for expenses incurred for repair and also liable for cost of litigation as Rs.5000/- (Rupees Five thousand only) to complainant within 30 days of receiving the copy of order.
Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Exhibits A1 – Purchase bill A2 – Warranty card A3 & A4 – Repair bill A5 – Screen shot message Witness Examined DW1 – Sajith.E.P Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Forwarded by Order Senior Superintendent Ps/ | |
