BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

C.C. No. 69/2019 Filed on 27/03/2019

ORDER DATED:  13/05/2022

ORDER

SRI. VIJU  V.R:  MEMBER

The complainant has presented this complaint before this commission under Section 12 of the Consumer Protection Act 1986.  The complainant on 11.03.2018 purchased a Haier refrigerator for Rs. 23,063/- from 2^nd opposite party.  The refrigerator has become non-functioning after some days from the date of purchase. The problems of the refrigerator were rectified after registering a complaint with the customer care centre.  But after that on January, 2019 the refrigerator become non-functioning.  The problem was reported to the customer care centre and one service engineer came and noticed some problems in the refrigerator.  The service engineer assured that he will intimate the company to take necessary action to replace the refrigerator.  But the company didn’t make any effort to replace the refrigerator.  The complainant and his family suffered a lot due to the lack of refrigerator in their day to day activities.  The refrigerator was having manufacturing defects, hence this complaint.

Even though opposite parties No.1 to 3 received notice, they did not turn up, and hence opposite parties No.1 to 3 were set ex-parte.

Issues to be ascertained:

1. Whether there is any manufacturing defects or deficiency in service from the side of opposite parties 1 to 3?
2. Whether the complainant is entitled to get the reliefs?

Issues (i) & (ii):- Both these issues are considered together for the sake of convenience.  The complainant has filed affidavit in-lieu of chief examination and has produced 8 documents which were marked as Exts.P1 to P8.  The purchase of the refrigerator can be seen through Ext.P1.  The complainant has registered a complaint in the month of January 2019, but it can be seen from Exts P6,P7 & P8 that the problem of the refrigerator has not been resolved in the month of March,2019 also.  The complainant has purchased the refrigerator for his daily use.   But he was unable to use the refrigerator even for one year without any trouble.   The 1^st opposite party being a manufacturer is responsible for selling defect free products to the consumers.  The opposite parties 1to 3 did not turn up.  Hence the deposition of the complainant stands unshaken and there is nothing to rebut the evidence put forth by the complainant.  The complainant has not alleged any grievance against 3^rd opposite party, hence 3^rd opposite party is exonerated.

The 2^nd opposite party being the authorised service centre of the Haier Company is bound to service the refrigerator.  But they haven’t done that. The 1^st & 2^nd opposite parties cannot shut their eyes against the grievance occurred to the complainant.  The 1^st & 2^nd opposite parties are jointly and severally responsible for a product sold to a consumer.  From the documents produced by the complainant, we find that the complainant has succeeded in proving that the refrigerator is having manufacturing defects.  Hence 1^st & 2^nd opposite parties are liable to refund the amount of the refrigerator to the complainant.

In the result, the complaint is partly allowed.  The opposite parties 1 & 2 are jointly and severally directed to pay Rs 23,063/- (Rupees Twenty Three Thousand Sixty Three Only) to the complainant and can take back the refrigerator & pay Rs 15,000/- (Rupees Fifteen Thousand Only) as compensation for the mental agony suffered by the complainant and pay Rs. 2,500/- (Rupees Two Thousand Five Hundred Only) towards the cost of the proceedings within one month from the date of receipt of this order failing which the amount except cost carries interest @ 9% per annum from the date of order till realization.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Commission, this the 13^th  day of May  2022.

            Sd/-

P.V.JAYARAJAN                 : PRESIDENT 

          Sd/-

PREETHA G. NAIR              : MEMBER    

         Sd/-

                                                                 VIJU V.R                          : MEMBER

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   C.C. No. 69/2019

APPENDIX

  I         COMPLAINANT’S WITNESS:

II          COMPLAINANT’S DOCUMENTS:

III         OPPOSITE PARTY’S WITNESS:

IV        OPPOSITE PARTY’S DOCUMENTS:

        Sd/-

PRESIDENT

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