ORDER

BY SRI.H.R.SRINIVAS, PRESIDENT.

This is the Complaint filed by the Complainant U/S Section 35 of Consumer Protection Act 2019, against the Opposite Party (herein referred in short as O.P) alleging the deficiency in service in not repairing the fridge purchased by him, manufactured by OP2 sold through OP1, for refund of its cost Rs.13,216/- and Rs.50,000/- as compensation for selling an inefficient defective in respect of selling a defective product, for Rs.1,00,000/- as compensation for deficiency in service and causing physical suffering, loss of time and causing mental tension and for other reliefs as the Commission deems fit.

2.      The brief facts of the complaint are that;

Complainant No.2 purchased one whirlpool refrigerator of 190 ltrs by using his credit card and by paying Rs.13,216/- through online flipcart commercial application and it was delivered to 1^st complainant at Atmakur, Karnool district, A.P., on 13st October 2019. They were using the said refrigerator for about 14 days. There was some power fluctuation in the area and afterwards, they observed that the refrigerator not functioning normally and no cooling function was happening.  Complainants contacted flipkart customer care through the helpline number.  It was informed that they are not responsible for the defects and suggested to write a complaint to the helpdesk of OP2, who is the manufacturer of the fridge.  They lodged complaint to OP2 helpline and after some days, one technician came from OP 2 to their place and after inspecting the fridge, found that the compressor was not working, and took the feedback to solve the problem and submitted to the service station at Kurnool.  After one week also, complainant did not get the updates from the service centre and the service centre informed that they are not having new compressor and they will inform the same after getting the same.  Even after ten days, when the complainant called the manager he did not respond and did not solve the problem.  Whereas he informed that the complaint is closed.  He wondered as to how when the defects were not attended to and solved, the complaint could be closed.  Again he lodged a complaint with the service centre of OP2 and for all these days, they could not use the refrigerator as it was not functioning.  Hence he had to make a complaint to the National Consumer helpline which directed him to file a complaint before the jurisdictional consumer commission and hence the complaint and prayed to allow the same.

3.      Notice was sent to the OPs.  Notice sent to OP2 served whereas OP2 remained absent and hence placed exparte. Afterwards OP2 appeared before the forum through his counsel and inspite of obtaining several opportunities did not file the version and hence right to file the version forfeited.

4.      Complainant filed Memo stating that he is not pressing the complaint against OP1 and hence OP1 was left out of the complaint.

5.      In order to prove the case, complainant examined himself as PW1 and got marked 5 documents. OP2 did not adduce evidence. Arguments Heard. The following points arise for our consideration:-

1) Whether the complainants have proved deficiency in service on the part of the Opposite Parties?

2) Whether the complainants are entitled to the relief prayed for in the complaint?

6.     Our answers to the above points are:-

POINT NO.1:            In the Affirmative

POINT NO.2:            Partly in the affirmative.

                                For the following.

REASONS

7.     POINT No.1:-

   Perused the complaint, affidavit evidence and the documents produced by the complainant. Ex.P2 is the Tax invoice, wherein in the complainant No.1 has purchased a whirlpool 190 ltrs direct cool, single door, five star refrigerator with basedrawing by paying Rs.13,216/- which was shipped to the complainant No.1 name, Chand Hotel, Near Samithi Office, Atmakur, A.P. State.  The model of the fridge is 71507.  Complainant was advised to send email to the company and wait for the response.  

        8.     From these documents, it become clear that complainant purchased through OP1 a fridge of brand name whirlpool manufactured by OP2 and it developed problem with the compressor which allegation has not been denied by the OP by filing its version even though it is was represented by its counsel.  What made the OP2 to remain silent and not refuting the allegation made in the complaint against it has not been explained. Under the circumstances, we have to hold that the fridge manufactured by OP2, sold through OP1 to the complainant was not at all working and was not repaired, inspite of the complainant registering the complaint with OP2.  This amounts to deficiency in service and also unfair trade practice. It is the duty of the manufacturer and service provider to sell a quality goods and the service to provide proper and efficient service to the products sold.  Hence we answer point No.1 in the affirmative.

        9.     The complainants have sought refund of the cost of the fridge.  Since the said fridge is not at all working and the compressor has gone out of order and not repaired by OP the same has become useless at the hands of the complainant.  Hence OP is bound to refund the amount i.e., the cost of the fridge Rs.13,216/- along with interest at 12% from 13.10.2019.

        10.   Complainant has sought Rs.50,000/- for selling an inefficient and substandard product.  The same cannot be allowed since from the very complaint itself, the said fridge went out of order due to fluctuation of power in the said area.  When such being the case, the fridge is covered with the warranty and the OP, the manufacturer is bound to replace the compressor. In this case, as OP2 has not provided the services, it is just and proper to order for the refund of the cost of the fridge only.  Complainant has also prayed for compensation of Rs.1,00,000/- for causing physical sufferance, mental agony.  One can understand when a person purchases the product to enjoy the same, he will be disappointed when the said product do not perform well or goes out of order within a few days of its purchase.  He cannot enjoy the pleasure of the new products.

        11.   Under such circumstances, the said person naturally will get disappointed, inconvenienced, and suffers mental agony.  For which we direct Op2 to pay a sum of Rs.5,000/- as damages and further Rs.5,000/- towards the litigation expenses. Hence we answer point No2 partly in the affirmative and pass the following;

ORDER

1. Complaint is allowed in part
2. OP2 is directed to pay a sum of Rs.13,216/- being the cost of the fridge along with interest at 12% p.a., from 13.10.2019 to till the payment of the entire amount to the complainant.
3. OP2 is also directed to pay a sum of Rs.5,000/- as damages and Rs.5,000/- towards litigation expenses.
4. Upon OP2 paying the said amount to the complainants, complainants are directed to hand over the fridge to OP2 and OP2 at its cost get it transported to its desired destination.
5. The OP is further directed comply the above order within 30 days from the date of receipt of this order and submit the compliance report to this forum within 15 days thereafter.
6. Send a copy of this order to both parties free of cost.

Note:You are hereby directed to take back the extra copies of the Complaints/version, documents and records filed by you within one month from the date of receipt of this order.

(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Forum on this 23^RD DAY OF JULY 2021)

MEMBER                                PRESIDENT

ANNEXURES

1. Witness examined on behalf of the Complainant/s by way of affidavit:

Copies of Documents produced on behalf of Complainant/s:

Ex P1: Copy of the General Power of Attorney

Ex P2: Copy of the Tax Invoice

Ex. P3: Copy of the slip containing Model number and Sl.No., of the item

Ex P4: Delivery details slip

Ex P5: Copy of the complaint given to Consumer helpline.

2. Witness examined on behalf of the Opposite party/s by way of affidavit:

• NIL -

Copies of Documents produced on behalf of Opposite Party/s

MEMBER                                        PRESIDENT