By: Smt.Preethi Sivaraman.C, Member
Case of the complainant:-
1. Complainant purchased one double door refrigerator of Samsung Company and opposite party No.2 is the manufacturer of the refrigerator. The refrigerator had cooling problem on the second week of June 2019 and complainant informed this to the service centre of the company and a service technician came and inspected the unit and reported that the fan of the refrigerator had complaint. As per the direction of that service technician, the fan was replaced on 25/06/2019 and complainant paid the service charge of Rs.478/- and cost of the fan Rs.630/- to opposite party with total amount of Rs.1,104/-. But on the very next day the cooling again diminished and some sound came from the refrigerator and complainant informed this to opposite party and a service person came after one week. After inspection he reported that the refrigerator had heater and sensor complaint and as per his direction complainant was ready to change defective part. On 16/08/2019 the service person came and repaired the refrigerator and complainant paid Rs.725/- the cost of heater and sensor to opposite party. But complainant was not ready to give the service charge for the same. Even after also the refrigerator had frequent breakdowns but no one came from the company to service it because complainant was not willing to pay the service charge again. Due to the deficiency of service from the side of opposite parties, complainant facedmental and economic issues. He can’t store the food items inside the refrigerator due the defective refrigerator. Hence this complaint.
2. The prayer of the complainant is that he is entitled to get Rs.2,000/- the service charge he had already paid to opposite parties and Rs.10,000/- for the deficiency in service and the mental agony caused to the complainant due to the act of opposite parties .
3. On admission of the complaint notice was sent to opposite parties. After receiving the notice opposite party No.1 not appeared before the Commission. Hence opposite party No.1 set exparte. Opposite party No.2 entered appearance through counsel, filed vakkalath and detailed version.
4. In their version opposite party No.2 contended that the complaint is baseless and devoid of any merit and without any cause of action hence complaint is liable to be dismissed with compensatory cost. Opposite party No.2 is the company is to serve its customer and provide goods at the most competitive price and also enable most impeccable after sales service. The complainant has miserably failed to prove the alleged manufacturing defect and in the absence of the any technical report the complaint deserves dismissal on this ground alone.
5. In their version opposite party No.2 stated that the purchased refrigerator was manufactured them but complainant has not mentioned the date of purchase and also not produced the invoice to prove the date of purchase. They again contended that as per the service history , it is seen that on 22/07/2013 and 13/05/2015 the unit was repaired by the service centre for water leak issue by adjusting thermostat and replacing thermo bymetal and unit was delivered with good condition after the repair. The said complaint reported were out of warranty period and not within the warranty.
6. On June 2015 , due to power issue the fan motor was replaced and delivered the unit with good condition . On 24/09/2019 the unit faced complaint of over cooling but the complainant was not ready to pay charges of Rs.400/- and tax for the service. Moreover all the complaints are in fact reported after the warranty period only because of the said reason the service centre collected charges. The job cards and warranty cards are herewith produced. They again contended that they strongly believe that the unit might have been purchased by the complainant many years back and the complaint started to occur only after warranty period. The complainant happened to pay the said charge also for the reason that the warranty was over otherwise he would not have been paid the said amount. Moreover no warranty benefits were available to the complainant because of the reason that complaints reported were after the warranty period. Otherwise the complainant ought to have produced the invoice to show that the purchase date to avail the warranty benefits. As per the terms of the warranty policy, only issues arising during the warranty period will be repaired free of cost and all repairs outside the warranty period will be repaired only on chartable basis. If the complainant alleges manufacturing defects, then burden to prove the same is on the complainant and not this opposite party. In this case no steps has been taken by the complainant to examine the unit with an expert. Without production of an expert report, it is not possible to say that there is manufacturing defect to the unit. Opposite party No.2 denied the averments in the complaint and prayed for the dismissal of the complaint.
7. Complainant filed affidavit with two documents Ext. A1 and A2. Ext. A1 is the copy of cash receipt given by opposite party to complainant on 25/06/2019 regarding the service done by them. Ext. A2 is the copy of cash receipt given by opposite party to complainant on 16/08/2019 regarding the service done by them. Thereafter opposite party No.2 also filed affidavit and three documents. Ext. B1 to B3. Ext. B1 is the colour copy of power of Attorney. Ext. B2 is the colour copy of customer service record and Ext.B3 is the original warranty card.
8. Heard both sides, perused the documents and stood for consideration of the following points:-
- Whether there is any deficiency of service and unfair trade practice on the part of opposite party?
- Whether complainant is entitled to compensation as claimed?
- Reliefs and cost?
Point No.1, 2 & 3
9. Case of the complainant is that he had purchased a refrigerator manufactured by opposite party No.2 and there was cooling problem for the fridge and technician came and inspected the refrigerator, and fan was replaced and he collected service charge of Rs.1104/- from complainant. Thereafter, the very next day the cooling issue again reported and there was some sound coming from the refrigerator , again the technician came and inspected the refrigerator , and found complaint on heater and sensor and he collected the spare parts charge of Rs.725/- and he repaired the fridge without service charge. But thereafter also the cooling problem reported but the technician was not ready to repair the refrigerator, because complainant was not ready to pay service charge.
10 In this matter complainant not produced the purchase bill or invoice to prove the date of purchase. Complainant did not mentioned the date of purchase at anywhere in the complaint. Hence we are unable to understand the defect caused to the refrigerator is within the warranty period or not. As per the warranty card Ext. B3 produced by opposite party No.2 there mentioned that the particular refrigerator had 12 months warranty and 60 months on compressor and 120 months on digital invertor compressor. Complainant not produced documents to prove the purchase date of this refrigerator, hence we are not in a position to know the warranty period.
11. Another thing is that in the warranty card it is clearly noted that usage of the refrigerator is not as per instruction manual shall be beyond the scope of warranty. Another point in the warranty term of the refrigerator is that refill of gas/ coolant due to physical damage during replacement of compressor under part specific warranty period shall be on chargeable basis. From the documents it is clear that there was some issues to the above said refrigerator , but it is not clear that whether it was caused due to the physical damage or not. An expert was not checked the refrigerator to prove the defects. No steps was taken by the complainant to appoint an expert. If complainant taken steps to appoint an expert he can easily identify the above said defect were manufacturing defect or not. There is no expert opinion in this matter.
12. Complainant not produced warranty card and purchase bill of the above said refrigerator, hence it is clear that he had bought that fridge years back. One of the contention raised by opposite party No.2 is that complainant happened to pay the service charges due to the reason that the warranty had expired . Otherwise he would not have paid the service charge to opposite party. In this context the contention raised by opposite party No.2 is believable. Due to the non- production of purchase bill or an affidavit regarding that the bill or invoice had lost, we are on the opinion that the alleged complaint happened after the warranty period. In their version, affidavit and Ext. B3 document produced by opposite party they clearly stated that during the warranty period all the defects will be repaired free of cost and all repairs out of the warranty period will be on charges basis. Complainant failed to prove the defect to the refrigerator caused were manufacturing defect or not.
13. From the above fact we are on the opinion that complainant is failed to prove the contention raised by him. There is no evidence to clarify the defect to the refrigerator, were manufacturing defect or not. At the same time complainant not proved the deficiency of service and unfair trade practice on the side of opposite parties. Opposite party No.2 is ready to render all repairs out of the warranty period on chargeable basis. Without production of purchase bill, It is impossible to have come to a conclusion that the alleged complaint raised by complainant were happened during the warranty period. Hence this complaint dismissed.
Dated this 22nd day of April , 2022.
Mohandasan . K, President
Preethi Sivaraman.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 and A2
Ext.A1: Cash receipt given by opposite party to complainant on 25/06/2019 regarding the service done by them.
Ext.A2: Copy of cash receipt given by opposite party to complainant on 16/08/2019 regarding the service done by them.
Witness examined on the side of the opposite party:
Documents marked on the side of the opposite party: Ext. B1 to B3
Ext.B1: The colour copy of power of Attorney.
Ext.B2: The colour copy of customer service record.
Ext.B3: The original warranty card.
Mohandasan . K, President
Preethi Sivaraman.C, Member
Mohamed Ismayil.C.V, Member
VPH
