By Smt. PREETHI SIVARAMAN.C, MEMBER
1.The complaint in short is as follows: -
On 31/03/2018 complainant purchased one Refrigerator worth Rs. 18,100/-
having warranty of ten years from opposite party No.1 shop at Malappuram which is manufactured by opposite party No.3 and marketed by opposite party No.2. By believing the words of opposite party No.1, complainant purchased the refrigerator for using at his newly constructed house. On 16/03/2022, the fridge completely stopped its working and it got dyfunct. The cooling effect of the fridge also gone and the ice making process is also stopped. The food items and other edible items kept in the fridge were spoiled.
2. Thereafter complainant approached opposite party No.1 shop for informing the above defect to them, but he came to know that opposite party No.1 had completely stopped their working and closed the shop. On 17/03/2022 complainant registered a complaint at the toll free number of opposite party No.2 and 3 as per HI 20220317001701 and Provide Code 4040. On 18/03/2022 one technician from the service centre of opposite party No.2 and 3 came to complainant’s house and inspected the refrigerator in detail and informed the complainant that the compressor had problems and directed the complainant to change the compressor. Then complainant asked the service person that the compressor must change free of cost because the refrigerator had ten years warranty. Moreover the service person demanded Rs.2,500/- as service charge and Rs.350/- as transportation and inspection charge. Then complainant said that he will enquire about this to others and he will pay the money to the service person of opposite party thereafter. Then the service person shouted at complainant and demanded Rs.350/- for the inspection of the refrigerator. But complainant was hesitate to give the money demanded by the service person and the complainant informed him that he will pay the money only after the defects of the refrigerator had rectified. At the same night, the service person called the complainant and shouted at him and said that he will not report the complaint to the company and he will close the complaint. As per the direction of the service person opposite party No.2 and 3 closed the complaint registered by complainant.
3. Due to the emergent situation, complainant again registered a complaint on 19/03/2022 in the toll free number of opposite party No.2 and 3 and on 21/03/2022 one person from the service centre of opposite parties called the complainant and came to complainant’s house. He demanded the bill and warranty card of the refrigerator. Complainant informed him that the bill had lost from complainant’s custody. Complainant provided the warranty card of the refrigerator having the seal of dealer and the purchase date of the refrigerator to opposite party No.1. Moreover he showed the 10 years warranty sticker affixed at the top of the Refrigerator to the service person of opposite party No.1. But he refused to rectify the defect of the refrigerator due to the non production of bill. Then complainant called the toll free number of opposite party No.2 and 3, but the service man of opposite party No.1 refused to rectify the defect of the refrigerator having existing warranty till 2028. But complainant was unable to produce the copy of the bill due to the closure of the shop from where he bought the refrigerator. Again on 23/03/2022 complainant called the toll free number of opposite parties, but they refused to rectify the defect of the refrigerator.
4. The act of the opposite parties is a clear deficiency of service and unfair trade practice from their side. Opposite parties did not provide the timely services to complainant. They reluctant to give the service needed by the complainant and refused to rectify the defect caused to complainant’s refrigerator during the warranty period. There is manufacturing defect for the above refrigerator. There is clear deficiency of service from the side of opposite parties and the refrigerator had manufacturing defects which amounts to mental agony, physical hardships and sufferings to the complainant.
5. The prayer of the complainant is that, he is entitled to get a full refund of Rs. 18,100/- the cost of the refrigerator to him and he wanted to direct the opposite party to take back the refrigerator from complainant’s house, Rs.50,000/- as compensation on account of deficiency in service and unfair trade practice on the part of opposite parties and thereby caused mental agony, physical hardships and sufferings to the complainant and Rs. 10,000/- cost of the proceedings.
6. On admission of the complaint, complainant filed one IA 201/2022 to rectify the defect of the refrigerator in warranty or otherwise provide a fridge for use to complainant till repairing the fridge. Notice was issued to the opposite parties and the first opposite party refused to receive notice and complainant filed affidavit to that effect. After receiving notice opposite party No.2 and 3 filed authorisation letter on 19/04/2022. But no version and affidavit filed. Thereafter complainant filed affidavit and documents. On 27/12/2022 opposite parties set exparte and the complaint posted for orders.
7. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 to A3. Ext.A1 is the User guide for refrigerator and E-waste guideline manual including warranty card (Original) provided by opposite parties to complainant, Ext. A2 is the slip which shows the details of the refrigerator which affixed at the top of the carton, Ext. A3 are the screen shots of reply given by opposite parties to complainant regarding the registered complaint.
8. Heard the complainant and perused the affidavit and documents filed by complainant. The allegations against opposite parties are proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced three documents which are very supportive to prove his case. Complainant in his complaint and affidavit submitted that he had lost the purchase bill of the refrigerator and he approached the shop from where he bought the refrigerator but it seen closed. The relevant page of warranty card in Ext A1 clearly shows that complainant had purchased the refrigerator from the shop namely “GODS OWN” on 31/03/2018. In that page itself shows that the compressor of the refrigerator had 48 months (170,181 and 190 litre) and 108 months (195 and 220 litre) warranty. From Ext A2 it is clear that complainant’s refrigerator had gross capacity of 195 litres and it was manufactured on February 2018. Complainant purchased the refrigerator on 31/03/2018 and it got dyfunct on 16/03/2022. That means the complaints raised by complainant about the refrigerator in his complaint are covered by warranty period. Hence it is the duty of opposite parties to rectify the defect of the refrigerator free of cost during the warranty period. As per Ext.A3 it is clear that complainant had registered a complaint and opposite parties replied. But opposite parties reluctant to rectify the defect of the refrigerator and they mentioned the reason that the ‘’service request’’ of complainant has been cancelled as invoice for product not presented’’. Opposite parties can very well know that the compressor of the refrigerator had a warranty for 108 months. Due to the closure of the shop complainant could not get a copy of the invoice. Opposite parties can easily repair the fridge free of cost during the warranty period. They very well know the fact that warranty is still existing. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite parties as alleged in the complaint. Complainant is entitled to get the refund of the amount, compensation and cost of the proceedings. Hence we allow this complaint holding that opposite parties are deficient in service.
9. We allow this complaint as follows:-
The opposite parties are directed to refund Rs. 18,100/-(Rupees Eighteen thousand and one hundred only) the cost of the refrigerator to the complainant and complainant is directed to return the refrigerator to opposite parties after payment made by opposite parties and opposite parties are directed to take the refrigerator from complainant’s house.
The opposite parties are directed to pay compensation of Rs.20,000/- (Rupees Twenty thousand only) to the complainant on account of deficiency in service on the part of opposite parties and thereby caused mental agony, physical hardships and sufferings to the complainant.
The opposite parties also directed to pay Rs. 5000/-(Rupees Five thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite parties are liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 17th day of February, 2023.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A3
Ext.A1 : User guide for refrigerator and E-waste guideline manual including warranty
card (Original) provided by opposite parties to complainant.
Ext. A2 : Slip which shows the details of the refrigerator which affixed at the top of
the carton.
Ext.A3 : Screen shots of reply given by opposite parties to complainant regarding
the registered complaint.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
