By Sri. Mohamed Ismayil.C.V, Member

1.         The complainant purchased a refrigerator in the name of his wife from the first apposite party on 13/04/2021.  The refrigerator not worked and issue informed to the opposite parties.  The technician of the opposite parties came but they could not identify the defect and failed to repair the damage. The technicians of the opposite parties frequently visited and tried to rectify the defect but nothing good happened.  So the complainant contacted the first opposite party on 10/03/2022 and a letter was given stating the entire episode of the incident. The copy of the letter also sent to the L.G. technical manager /service manager.  The technical manager  spoke with the complainant and  on the basis of negotiation  the opposite parties  appointed  another technician  to inspect  the refrigerator  and rectify the complaint.   After the inspection, technical manger informed the complainant that the matter was presented before the company and within two weeks there will be a solution. Two weeks later, when the complainant contacted the second opposite party it has been informed that the third opposite party instructed to replace the coil of the refrigerator. When the complainant expressed his disapproval then the second opposite party disconnected phone. The complainant stated that the warranty period is ending  on 13/04/2022.  The complainant added that refrigerator has been repaired 8 times within a year.  The second hand refrigerators in good working condition are available in the market at low prices. Likewise the refrigerators with minor body damage also available in the market at low prices.  The complainant also stated that he purchased new refrigerator with high price is for mental comfort and a long term use.  According to the complainant he could not use the refrigerator for the last one year.  Due to the act of opposite parties the complainant has incurred financial loss suffered mental agony and hardship. So  the complainant  prayed before this commission to  get an order  of direction  to take back the refrigerator  and  repay Rs.53,800/- as the  double  price of refrigerator  and also to direct the opposite parties  to pay to Rs.60,000/- as compensation  for mental agony and hardship suffered due to the negligent act of the opposite parties.   The complainant also claimed Rs.50,000/- as cost of the proceedings.  Thus the complainant claimed altogether   of Rs.1,63,800/- from the opposite parties.

2.         The complaint admitted on file.  Issued notices to the opposite parties.  Notice received. But not turned up. Affidavit and no documents filed. The complainant filed affidavit and documents.   The documents produced by the complainant marked as  Ext. A1 to A3.   Ext. A1 document is the copy of cash bill dated 13/04/2021 issued by the first opposite party in the name of wife of the complainant.  Ext.     A2 document is the copy o statement showing the address details of the third opposite party.  Ext. A3 document is the copy of letter dated 10/03/2022 sent by the complainant to the first opposite party.

 3.        Heard the complainant, affidavit and documents perused. The points arised for the consideration of the commission are as follows:-

1. Whether there is any deficicneny of service on the part of the opposite parties.       
2. Relief and cost.

4.         Point No.1 & 2

            The case of the complainant is that he purchased a refrigerator manufactured by the third opposite party through the first opposite party, none other than the seller.  It is contended that right from the beginning of the purchase the refrigerator,   the complainant could not use the same due to the defects of the product.   Ext. A3 documents show that the technicians of the opposite parties tried to rectify the defects for several times but effort went in vain.   According to the complainant the opposite parties did not act properly to rectify the defect of the refrigerator.   The documents produced by the complainant supported the contention made in the complaint.   There is no contra evidence against the case of the complainant.  So this commission allows the complaint as follows:-

1. The opposite parties are directed to refund the price of the refrigerator paid as per Ext. A1 document to the complainant and take  back the refrigerator with  bearing  the cost of the transportation by the opposite  parties.
2. The opposite parties are directed to pay Rs.50,000/-  as compensation for the mental agony and  hardship  suffered  by the complainant  due to the deficiency of service of the opposite parties.
3. The opposite parties are directed to pay Rs.5,000/- as the cost of the proceedings to the complainant.

The opposite parties shall comply this order within one month from the date of this order, failing which the entire amount shall carry interest at the rate of 12% per annum from the date of this order till realization 

Dated this 14^th  day of  September , 2022.

Mohandasan  K., President

PreethiSivaraman 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 to A3

Ext.A1: Copy of cash bill dated 13/04/2021 issued by the first opposite party  in the

name of  wife of the complainant .

Ext.A2: Copy o statement showing the address details of the third opposite party  .

Ext A3: Copy  of letter dated 10/03/2022 sent by the complainant  to the first

opposite party

Witness examined on the side of the opposite party: Nil

Documents marked on the side of the opposite party: Nil

Mohandasan  K., President

PreethiSivaraman C., Member

     Mohamed Ismayil C.V., Member

VPH