By Smt. Beena. M, Member:-
This is a complaint filed under section 35 of the Consumer Protection Act 2019.
2. Facts of the case in brief:- On 02/06/2017, the Complainant had purchased a HAIER RF HRB- 3404/2016 Refrigerator from Opposite Party No.2 paying an amount of Rs.33,500/- and the Opposite Party issued retail invoice to the Complainant. The Complainant further submitted that after 10 months of purchase, it was noticed that the refrigerator was not working. Then the Complainant had registered a complaint and intimated about the defect directly to the Opposite Party and through phone on customer care number. As per the complaint, Opposite Party’s service personnel came to Complainant’s house, verified and found the mistake of the refrigerator and found as door complaint and by which electrical circuit system has troubled. Thereafter, the Opposite Party’s service personnel assured to replace the doors of fridge to rectify the mistake since it is a manufacturing defect and covers in warranty, but so far not corrected or repaired stating that spare of the model of said refrigerator is not available with company stock. Hence on many occasions the Complainant raised the issues and repeated in making the complaint and dragged the days. Complainant further submitted that at the time of sale of refrigerator, the Opposite Party offered and undertook to give warranty to the product, service offered in future for any manufacturing defect and workmanship. Thus, the Opposite Party’s service person came to complaint’s house 4 times for repairing but could not rectify the defects, thus lastly on 15/10/2023, assured the rectification of mistake but not turned up. The Complainant further submitted that, due to the said situations, he is not able to use the refrigerator and kept the same in idle position. The Complainant further submitted that even though the Complainant made complaints and contacted the Opposite Party’s officials and service man many times but dragged the same and at last rejected the same stating that parts are not available with them to correct the mistake. The said acts from the part of Opposite Parties are nothing but deficiency in service and unfair trade practice. Hence this complaint.
3. Notice was issued to the Opposite Parties and awaited the appearance of the Opposite Party, but they failed to appear before the Commission and this Commission set them ex-parte after enough time was granted.
4. The Complainant filed proof affidavit and was examined as PW1 and the documents produced were marked as Ext. A1 to A3 series.
5. Heard the Complainant and the documents produced before us were perused carefully. Ext. A1 is the bill for Rs. 33,500/- dated 02.06.2017 issued by Opposite Party No.2 to the Complainant. On perusing the same it is clear that the Complainant had purchased the refrigerator on 02.06.2017. Ext. A2 is the warranty card. If there are problems, it is the duty of the Opposite Parties to clear the problem of the refrigerator or they have to give new refrigerator or to return the cost of the refrigerator. Both the dealer and manufacturer are jointly and severally liable for the defect found in the refrigerator. Here, the Opposite Party failed to appear before the Commission and in the absence of any materials from the Opposite Party’s side and relying upon the evidence adduced by the Complainant, we are of the view that there is deficiency in service and unfair trade practice on the part of Opposite Party.
In the result, the complaint is partly allowed and the Opposite Parties are directed to either repair or to replace the refrigerator with a new one of the same model. If the refrigerator of the same model is not available with the Opposite Parties, then the Opposite Parties are directed to return the cost of refrigerator i.e., Rs.33,500/- (Rupees Thirty Three Thousand and Five Hundred Only) to the Complainant. The Opposite Parties are further directed to pay Rs.8,000/- (Rupees Eight Thousand Only) as compensation and Rs.5,000/- (Rupees Five Thousand Only) as cost of the proceedings. The above said amount shall be paid by the Opposite Party within one month from the date of this order, failing which the Opposite Parties will be liable to pay 9% interest p.a. on the above amount from the date of order till realization.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 14th day of October 2024.
Date of Filing:-04. 10.2024
PRESIDENT : Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
APPENDIX.
Witness for the Complainant:-
PW1. Ummer Shiek. Business.
Witness for the Opposite Party:-
Nil.
Exhibits for the Complainant:
A1. Retail Invoice. Dt:02.06.2017.
A2. User Guide for frost free Refrigerator and E-waste Guideline
Manual.
A3(Series). Copy of Lawyer Notice, Postal Receipt and Acknowledgment Card.
Exhibits for the Opposite Party:-
Nil.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
ASSISTANT REGISTRAR
CDRC, WAYANAD.
Kv/-
