Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
(3) Anil Kumar Singh
Member
Date of Order : 22.11.2018
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to pay compensation of Rs. 1,00,000/- for metal agony as well as physical and economical loss with 18% interest.
- To direct the opposite parties to pay Rs. 10,000/- as litigation cost.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he has purchased a refrigerator from opposite party no. 2 on 28.08.2013 the receipt of which has been annexed as annexure – 2. The aforesaid refrigerator was manufactured by opposite party no. 1 and carries the warranty for 10 years. Within two years of the aforesaid purchase of refrigerator vide annexure – 1 it became defective.
The complainant has further stated that he approached the service center at Patna it refused to remove the defect and return it with remark “Discontinued set replacement.”
The grievance of the complainant is that despite his repeated request the opposite parties have not taken any action towards removing the defect of the refrigerator on different pertext and thereafter a legal notice was given to the opposite parties but no action was taken.
On behalf of opposite parties a written statement has been filed stating therein that the complainant has not annexed warranty paper of refrigerator and hence he cannot claim warranty.
It has been further stated that generally a refrigerator manufactured by the company comes with one year warranty on all parts (with exception on some part) and additional 7 to 10 years warranty on the compressor.
It has been further stated that model of the refrigerator which the complainant has purchased has been discontinued from the manufacturing due to which it is mentioned in the job sheet that discontinued set replacement as per company policy which means that refrigerator of the complainant can be replaced by the company after deducting the depreciation amount as per company policy for complainant was not ready.
Heard the learned counsel for the parties.
The existence of annexure – 2 or annexure – 3 has not been denied. The only ground taken by the opposite parties is that the complainant has not annexed the copy of the warranty card. The second ground taken by opposite parties is that as per company policy after two years used refrigerator of the complainant can be replaced by the company after deducting depreciation amount.
It is surprising that if a person purchase a refrigerator and used for two years then it cannot be repaired and the person concerned has no alternative but to replace the same after deducting the depreciation amount. It is nothing but a type of force compelling the complainant or any person to forcibly replace a refrigerator with the same company after deducting the depreciation amount as per will of the company.
It goes without saying that opposite parties has himself stated that there is 7 to 10 years warranty on compressor. The complainant has asserted that his whole refrigerator stopped functioning and there is no whisper of the opposite parties that the compressor of the refrigerator was fully functional or not.
In our opinion the opposite parties by not repairing or replacing the defective parts of the complainant’s refrigerator has resulted in deficiency.
For the reason stated above we direct the opposite parties to return the price of the refrigerator vide annexure – 2 i.e. Rs. 21,700/- (Rs. Twenty One Thousand seven Hundred only) to the complainant within the period of two month from the date of receipt of this order or certified copy of this order failing which opposite parties will pay 10% interest on the above said amount of Rs. 21,700/- (Rs. Twenty One Thousand seven Hundred only) till its final payment is made.
Complainant is also directed to hand over the said refrigerator to the opposite parties at the time of receiving the price of the said refrigerator.
Opposite parties are further directed to pay Rs. 5,000/- ( Rs. Five Thousand only) to the complainant by way of compensation and litigation cost within the period of two month.
Accordingly, this complaint stands allowed to the extent referred above.
Member Member(F) President
