ORDER

V. K. DABAS, MEMBER

        The case of the complainant is that the  marriage of her
daughter was  held on 21-1-2015. On 20-1-2015 she had purchased a
number of items from OP1 and gifted them all  to her daughter.  Among
these one of the items purchased was a kelvinator  refrigerator  for a
sum of Rs. 18500/- +12.5 % VAT. OP2 is the manufacturer of the same.
It is alleged by the complainant that on reaching the in-laws house ,
when her daughter put on the refrigerator, it did not start at all.
She and  her daughter immediately rang up OP1 and OP2 and informed
about the condition of the refrigerator .  She visited OP1 who asked
her to speak to  the manufacturer.  It is alleged by the complainant
that she complained to OP2 to either rectify the defect in the machine
or to replace it.   A mechanic from OP2 company visited  her home to
repair the refrigerator but could not rectify the defect and informed
her  that the shopkeeper will  change the refrigerator . After this
she made many complaints with OP2 but neither the defect in the
refrigerator was removed nor it was changed.  Therefore, the
complainant has approached this forum for redressal of her grievances.

           Despite service  of notice both the Ops failed to appear;
hence, they were ordered to be proceeded with ex-parte. In the
evidence, the complainant has filed her own affidavit. She has
corroborated the contents of the complaint in her affidavit .  She has
put on record a copy of receipt of the refrigerator with hand written
number of complaints made by her.   The affidavit filed by the
complainant has remained unrebutted. We hold that the refrigerator
supplied to the complainant was suffering from manufacturing defect
and could not rectified despite a number of complaints and despite
being attend to by the service engineer of OP2. We accordingly, direct
OP as under:-

1.  Refund  a sum of Rs. 18,500/- + 12.5% VAT towards the cost of
refrigerator paid by the complainant along with interest @ 10 % p.a.
from the date of institution of this case i.e. 16.12.2015 till
payment.

2.  Pay to the complainant a sum of Rs. 7,500/- as compensation for
pain and agony suffered by her which includes the cost of litigation.

3.  The complainant shall allow the OP company to pick up the
refrigerator from her house after the payment is made to her.



The OP2 shall pay this amount within a period of 30 days from the date
of this order failing which they shall be liable to pay interest on
the entire awarded amount @ 10% per annum.  If the OP2   fails to
comply with this order, the complainant may approach this Forum for
execution of the order under Section 25/27 of the Consumer Protection
Act.

Copy of the order be made available to the parties as per rule.

    File be consigned to record room.

          Announced in open sitting of the Forum on.....................