By Smt. PREETHI SIVARAMAN.C, MEMBER
1.The complaint in short is as follows:-
On 15/11/2022, complainant purchased one Whirlpool IFA3S ALPHA Steel Model Refrigerator worth Rs. 31,000/- from opposite party No.1, which is manufactured by opposite party No.2. At the time of purchasing the refrigerator, opposite parties offered one year warranty for the above item. Within few days of its purchase the parts of the refrigerator like main board, touch display, switch and timer got damaged three times and complainant informed this to opposite party No.1 and they rectified the defect of the refrigerator in three times. Recently again the fridge got defective and complainant informed about this to opposite party No.1, but they replied that it is the duty of opposite party No.2 to rectify the defect of the refrigerator of complainant during the warranty period.
2. Thereafter complainant registered a complaint in the toll free number of opposite party No.2 and complainant received a reply that the grievance of complainant is not redress now. Until one week complainant not received any other reply from opposite party No.2. After one week, he sent a complaint in the email Id of opposite party No.2 , but no reply received yet.
3. The grievance of complainant is that the refrigerator he bought from opposite parties were got damaged 4 times within few months of its purchase. But opposite parties did not take any steps to redress the grievance of complainant. Moreover the warranty period of the refrigerator will come to end on or before 15/11/2023. Due to the defective refrigerator, complainant suffered a lot. The act of opposite parties caused mental agony, hardship and sufferings to the complainant. It is a clear deficiency of service and unfair trade practice from the side of opposite parties. Hence this complaint.
4. The prayer of the complainant is that, he is entitled to get a full refund of Rs. 31,000/- the cost of the refrigerator to him or replacement of the refrigerator with a new one, 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/- as cost of the proceedings.
5. On admission of the complaint notice was issued to the opposite parties and notice served on them and they did not turn up. Hence opposite parties set exparte.
6. 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 and A2. Ext.A1 is the copy of the tax invoice given by opposite party No.1 to complainant on 15/11/2022, Ext.A2 is the copy of warranty card given by opposite parties to complainant.
7. 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 two documents which are very supportive to prove his case. Complainant filed this complaint on 19/07/2023 that means within 8 months of purchase of refrigerator. As per Ext. A2 it is clear that the above refrigerator had 10 years (9+ 1) warranty. From the complaint, it is clear that the refrigerator got damaged 3 or 4 times and opposite party No.1 repaired the same in all occasions. That means the refrigerator is having manufacturing defect. Hence it is the duty of opposite party No.2 to rectify the defect of the refrigerator having manufacturing defects or replace the defective refrigerator with a new one. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite party No.2 as alleged in the complaint. Hence we allow this complaint holding that opposite party No.2 is deficient in service.
8. We allow this complaint as follows:-
- The opposite party No.2 is directed to refund Rs.31,000/-(Rupees Thirty one thousand only) the cost of the refrigerator to the complainant and complainant is directed to return the used refrigerator to opposite parties after payment made by opposite party No.2 and opposite parties are directed to take the refrigerator from complainant’s house.
- The opposite party No.2 is 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 party No.2 and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite party No.2 is also directed to pay Rs. 2,000/-(Rupees Two 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 party No.2 is 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 28th day of November, 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.A1 & A2
Ext.A1 : Copy of the tax invoice given by opposite party No.1 to complainant on
15/11/2022.
Ext.A2 : Copy of warranty card given by opposite parties to complainant.
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
