Order dictated by:

Mr.Anoop Sharma, Presiding Member   

1.       Sh. Pinkesh Kumar Anand has brought the instant complaint under section 12 & 13   of the Consumer Protection Act, 1986 on the allegations that   complainant purchased one refrigerator from opposite party No.1 having model No. 240 proton ELT PLONO Black  which is product of opposite parties No.2 & 3 vide invoice No. W33 dated 28.9.2011 for  Rs. 20900/-. Opposite party No.1 at the time of purchase assured the complainant that the said refrigerator covers under five year warranty and in this regard opposite party No.1 has issued warranty card  for the said product.  After few months of purchase, the said refrigerator started water leakage problem, cooling and compressor problem. Complainant lodged complaint  with the opposite parties and the official of opposite parties visited the residence of the complainant and defect was rectified. In April 2016 again the refrigerator started troubling in cooling, water leakage problem and compressor problem. Complainant registered complaint on toll free number of opposite parties No.2 & 3 i.e. 18002081800 on 4.4.2016 but nothing has been done till today. The complainant has served legal notice  dated 20.4.2016 upon the opposite parties but despite that opposite parties did not turn up. The complainant has sought for the following reliefs vide instant complaint:-

(a)     Opposite parties be directed to refund the bill amount of Rs. 20,900/- alongwith interest or in the alternative to provide the same or other product  in working condition with warranty to the satisfaction of the complainant;

(b)     Opposite parties be also directed to pay adequate compensation as well as litigation expenses.

Hence, this complaint.

2.       Upon this , opposite party No.3 appeared and filed written version taking certain preliminary objections therein inter alia that the present complaint is a gross abuse of the process of law ; that present complaint is based on false, frivolous and baseless grounds ; that complainant has not come to the court with clean hands and filed the complaint in an ambiguous manner to mislead this Forum. The complainant has mentioned in his complaint that at the time of purchase the opposite party No.1 assured the complainant that the said refrigerator covers under five year warranty. It is rather clearly mentioned on the warranty card that there will be one year comprehensive warranty on the refrigerator from the date of purchase and immediately after expiry of one year of comprehensive warranty there will be four year warranty only on compressor ; that the liability of answering opposite party does not arise as there was no manufacturing defect in the refrigerator. On merits it was denied that after few months of the purchase the said refrigerator started water leakage problem, cooling and compressor problem. The complainant for the first time registered complaint with the replying opposite party on 29.9.2014 for low cooling and the same was attended by the service engineer on 30.9.2014 and found that there was problem of wiring connection . After that the complainant used the refrigerator for about two years and then got registered another complaint on 4.4.2016 for water leakage and the same was attended by the service engineer on the same date and found that the drain pipe was choked  and required service was done at that time. Again on 8.4.2016 complaint was got registered by the complainant for no cooling . The service engineer attended the same on 9.4.2016 and found that there was problem in internal wiring of refrigerator  which occurred due to voltage problem , but the complainant refused repair. It was denied that nothing has been done till today. Infact, whenever the complaint was registered, the service engineer attended the complaint. Infact, there is no problem in the compressor of the refrigerator in question but the problem lies in the internal wiring of the refrigerator  which occurred due to electricity voltage problem and the compressor of the refrigerator in question is absolutely fine. It was submitted that all the complaints were got registered by the complainant after expiry of warranty period. Whereas as per warranty policy and terms and conditions of the company the comprehensive warranty of the refrigerator is only for one year . As such the opposite party No.3 is not liable to repair or replace the refrigerator at its own expenses. However, replying opposite party is still ready and willing to remove the defects, if any, in the said product on payment. While denying and controverting other allegations, dismissal of complaint was prayed.

3.       Opposite parties No.1 & 2 did not opt to put in appearance despite service, as such they were ordered to be proceeded against ex-parte.

4.       In his bid to prove the case  Sh.Rajat Anand,Adv.counsel for the complainant tendered into evidence duly sworn affidavit of the complainant Ex.CW1/A alongwith documents Ex.C-1 to Ex.C-10 and closed  the evidence on behalf of the complainant.

5.       To rebut the aforesaid evidence Sh.A.S.Grover,Adv.counsel for the opposite party No.3 tendered into evidence affidavit of Sh.Deepak Kumar Chugh, Branch Service Manager Ex.OP3/1, copies of job sheets Ex.OP3/2 to Ex.OP3/4 and closed the evidence on behalf of opposite party No.3.

6.       We have heard the ld.counsel for the parties and have carefully gone through the record on the file.

7.       From the record i.e. pleadings of the parties and the evidence produced on record, , it stand fully proved on record that the complainant purchased a refrigerator from Opposite Party No.1 being manufactured by Opposite Party No.3 and Party No.2 is service/ warranty provider, vide invoice No. W33 dated 28.9.2011 for Rs. 20900/- having warranty of five years, copy of retail invoice accounts for Ex.C7. Complainant submitted that after few months from the purchase, the said refrigerator started water leakage problem, cooling and compressor problem.  In this regard complainant registered complaint with the opposite parties and the official of the opposite parties visited the residence of the complainant and problem was solved.   It was  further the case of the complainant that now in April 2016 once again the aforesaid defects i.e. water leakage problem cooling and compressor problem occurred in the refrigerator and the complaints to the said effect were made to the Opposite Parties No. 2 &3 on its toll free number on 4.4.2016. But till today no person on behalf of opposite parties visited the residence of the complainant to remove the defects occurred in the refrigerator. The complainant sought expert opinion from the experienced and authorized person, who told the complainant that the compressor  of the aforesaid product was defective ,as such the product was not working properly. It was further the case of the complainant that at the time of purchase of product, opposite party No.1 has issued warranty card showing the warranty of compressor is of five years. But even then the opposite parties despite repeated requests did not dare to pay any heed to the requests of the complainant.

8.       Whereas the case of opposite party No.3 is that complainant for the first time registered complaint with the replying opposite party on 29.9.2014 for low cooling and the same was attended to by the service engineer on 30.9.2014 and found that there was problem of wiring connection and adjustment was done at that time.  In this regard opposite party No.3 has placed on record job sheet Ex.OP3/2 . However, after about two years complainant again registered another complaint on 4.4.2016 for water leakage and the same was attended by the service engineer on the same date and found that the drain pipe was choked and required service was done at that time. In this regard opposite party has placed job sheet Ex.OP3/3 on record. Again on 8.4.2016 complaint was registered by the complainant for no cooling, however the same was attended to by the service engineer on 9.4.2016 and found that there was problem in internal wiring of refrigerator . However the complainant refused to repair the refrigerator, copy of job sheet accounts for Ex.OP3/4  It was submitted that whenever the complaint was registered with the replying opposite party, the same were attended to by the service engineer of the opposite parties.  The plea of the complainant that he sought expert opinion from the authorized person, who told the complainant that the compressor of the product was defective, is not tenable as the complainant has not produced any expert opinion on record. It was further the case of the opposite party that there was no problem in the compressor but the problem lies in the internal wiring and the compressor of the refrigerator in question is absolutely fine.

9.       But, however, from the appreciation of the facts and circumstances of the case,it becomes evident that as the refrigerator in question has been giving the same problem i.e. water leakage problem , cooling and compressor problem even during the warranty period  which is also admitted by the opposite party as per their job sheets Ex.OP3/2, Ex.OP3/3 and Ex.OP3/4. The warranty card accounts for Ex.C-9 on record. So it would be justified if directions would be given to the opposite parties to repair the refrigerator to the satisfaction of the complainant free of cost.

10.     Consequently, the complaint is allowed to the effect that Opposite Parties shall repair the refrigerator in question free of cost, to the satisfaction of the  complainant within a period of 30 days, without any charge. If the compliance of this order is not made within the specified period, the complainant shall be at liberty to invoke the indulgence of this Forum.   Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.

Dated: 6.2.2017