BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT

SRI.  P.V. JAYARAJAN                              :           PRESIDENT

SMT. PREETHA G. NAIR                           :           MEMBER

SRI. VIJU  V.R.                                             :           MEMBER

C.C.No. 294/2019 Filed on 06/09/2019

ORDER DATED: 21/05/2022

ORDER

SMT. PREETHA G. NAIR: MEMBER

The complainant purchased an LG refrigerator from Amazon India on 15/06/2019 by paying a sum of Rs.30,590/-.  On 26/08/2019 the complainant realized that many items kept in the refrigerator are spoilt.  The complainant immediately raised a complaint with LG service.  LG service sent a technician on 27/08/2019 who told the complainant me that the refrigerant gas is empty in the fridge and he will come back next day to fill it.  The technician came on next day (28/08/2019) and declared that the compressor of the refrigerator must be replaced.  The technician told the complainant that it will take 4 days to get the new compressor.  On the same day complainant called up Amazon and requested for a replacement of the faulty refrigerator as it is just over two months since complainant paid Rs.30,590/- for a brand-new refrigerator and now the complainant getting a refurbished one.  Till today (06/09/2019) LG did not repair despite multiple follow ups.  After paying such a big amount for a refrigerator, today complainant unable to feed the complainant’s kids properly as LG failed to provide a solution for the complainant issue for the last 11 days.  Both complainants’ parents are diabetic patients and under regular insulin treatment for which the medicine must be kept refrigerated.  They are also struggling with their diabetic control for the last 11 days.  Hence this complaint.        

Version filed on behalf of the 1^st opposite party.  The complainant has purchased LG refrigerator, online from Amazon India on 15/06/2019.  As complaint was registered after two months ie., on 26/08/2019, the service Engineers of this opposite party’s service centre visited the complaints place and found that the compressor is having complaint and therefore the compressor was replaced on warranty on 09/09/2019.  The complainant refused to sign the job sheet insisting that she needs replacement of the refrigerator and she has already taken up the refrigerator with the 2^nd opposite party.  The refrigerator is working perfectly thereafter but the complainant is insisting for replacement of the refrigerator without any reason.  Replacement with a new one can be given only if the refrigeration has any incurable defect during the warranty period.  The refrigerator purchased by the complainant through the 2^nd opposite party is not at all a refurbished one as alleged by the complainant.

2^nd opposite party filed version stating the following contentions.  The complainant has not impleaded the seller who can redress the grievances of the complainant.  The 2^nd opposite party does not provide any after sales services for the product sold on its website.  The warranty of the product is the responsibility of the manufacturer or seller as the case.  The complainant never contacted 2^nd opposite party within the time prescribed by the seller for accepting of return of the product.  The grievances of the complainant can be redressed either by the manufacturer or the seller and the 2^nd opposite party has no role being an intermediary who provide a platform where buyer and seller meets each other.

Complainant filed proof affidavit and documents.  Ext.P1 and P2 marked.  Opposite parties not filed proof affidavit and not produced documents.

Issues to be considered are:-

1. Whether there is any deficiency in service on the part of the opposite parties?
2. If so, what is the cost and relief?

Issues No.1&2:-  We perused relevant documents on records.  As per Ext.P1 the complainant had purchased the refrigerator for an amount of Rs.30,590/- from 2^nd opposite party on 15/06/2019.  The complainant stated that on 26/08/2019 he realized that many items kept in the refrigerator are spoilt and raised a complaint with the 1^st opposite party’s service centre on 26/08/2019.  As per Ext.P2 the opposite party repaired the refrigerator and received Rs.2,066/- from the complainant.  The refrigerator was repaired several times.  The complainant stated that due to the damage of refrigerator find difficulty to feed kids properly.  And parents were diabetic patients and under regular insulin treatment for which the medicine must be kept refrigerated.  On the available evidence produced by the complainant the defects of refrigerator are established by complainant.  The opposite parties had not produced evidence to disprove the case of complainant. 

In view of the above discussions we find that the act of opposite parties amounts to deficiency in service.

In the result complaint allowed.  We direct the opposite parties jointly and severally to pay Rs.30,590/-(Rupees Thirty Thousand Five Hundred and Ninety Only) as price of the refrigerator and Rs.5,000/- (Rupees Five Thousand Only) as compensation and pay Rs.2,500/- (Rupees Two Five Hundred Only) as cost of the proceedings to the complainant, within one month from the date of receipt of this order, failing which the amount except cost shall carry 9% interest from the date of order till the date of payment/realization.  After compliance of order the complainant should hand over the refrigerator to the opposite parties.   

             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 Court, this the 21^st day of May,  2022.

R

C.C. No. 294/2019

APPENDIX

1. COMPLAINANT’S WITNESS:

2. COMPLAINANT’S DOCUMENTS:

3. OPPOSITE PARTY’S WITNESS:

4. OPPOSITE PARTY’S DOCUMENTS:

                                                                                                                                                               Sd/-

PRESIDENT