Karnataka

Tumkur

CC/180/2019

Nagaraju S.V - Complainant(s)

Versus

Manager , Haier Appliances India Pvt Ltd - Opp.Party(s)

In Person

04 Dec 2020

ORDER

Complaints filed on: 10-12-2019

                                Disposed on: 04-12-2020

 

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

 

CC.No.180/2019

DATED THIS THE 4^th DAY OF DECEMBER, 2020

 

PRESENT

SRI.C.V.MARGOOR, B.Com, L.L.M, PRESIDENT

SRI.KUMARA.N, B.Sc., L.L.B, MEMBER

SMT.NIVEDITA RAVISH, B.A., L.L.B, LADY MEMBER

Complainant: -

Nagaraju.S.V.

S/o Venkataravanappa,

C/o.Nanjappaiah

No.16, K.R.Extension,

DDPI Office Road,

Madhugiri Town and

Taluk-572132

 

(In person)

 

V/s

Opposite parties:-

1. The Manager,

Haier Appliances (India)

Pvt. Ltd, B-3, M.I.D.C,

Ranjan Gown Taluk, Shirur

Pune District-412208

 

2. The Manager,

Haier Appliances (India) Pvt. Ltd. B-1, Okhla Industrial Estate Phase III, New Delhi-110020

 

3. Akshay Home Appliances,

Town Hall Road,

Madhugiri Town and

Taluk-572132        

 

                                          (Exparte)

 

ORDER

 

SRI.KUMARA.N, MEMBER

 

This complaint is filed by the complainant against the opposite party No.1 to 3 (hereinafter called as OPs). The complainant prays to direct the OPs  to pay the Refrigerator purchased amount of Rs.21,000=00 with litigation cost of Rs.10,000=00 and compensation of Rs.15,000=00 and grant such other relief as deemed fit in the interest of justice and equity.

 

2. The complainant has purchased HAIER FRIDGE HRD 2204PSG from OP No.3 on 8-11-2018 (Tax Invoice No.989-Exhibit No.P1) by paying cash of Rs.21,000=00. The complainant further submitted that the OP No.3 assured the purchased Fridge is of good quality, we provide service facility within two to three days and purchased fridge is having warranty of 10 years (Warranty card-Exhibit No.P4). The complainant further submitted that two months after purchase, the Fridge started leakage of water and consequently short circuit appeared around the Fridge and the same was brought to the notice of OP No.3. The OP No.3 tried to convince the complainant by telling that it is due to humidity.

 

3. The complainant further submits that all the vegetable, ice cream and other items kept in the Fridge spoiled and same was brought to the notice of OP No.3. The OP No.3 assured the complainant that he would report to the customer care of OP No.1 and 2 who will rectify the issue. The complainant further submitted that four times he has approached the OP No.3 to rectify the Fridge problem but the OP not responded. Finally the complainant has sent notice to OP No.1 to 3 on 12-12-2019 through RPAD but the OPs have failed to reply and address the problem of leakage of water from Fridge. Due to negligent act of the OP No.1 to 3 the complainant has suffered mental agony hence, he has approached this Commission/Forum for deficiency in service on the part of OPs.

 

4. In response to the notice OP No.1 to 3 failed to appear hence, they are placed exparte.

 

5. In the course of trial the complainant appeared and filed affidavit evidence, written arguments and produced documents like (1) copy of purchased Tax Invoice, (2) Warranty card, (3) Photos of water leaking from fridge, (4) copy of notice served on OPs and (5) copies of postal acknowledgment.

  

6. We have heard the oral arguments of complainant.

 

7. Based on the above materials, the following points will arise for our consideration.

 

1. Whether the complainant proves the    

    deficiency in service on the part of OPs?

2. What order?

 

8. Our findings on the above points are;

 

Point No.1: In the affirmative

Point No.2: As per the final order for below

 

REASONS

 

9. Point No.1 and 2: On perusal of the pleadings and evidence of complainant the facts reveal that on 8-11-2018 the complainant had purchased HAIER Fridge HRD 2204PSG by paying cash of Rs.21,000=00 from OP No.3 which manufactured by OP No.1 and 2 (vide Invoice No.989). After two months of purchase above Fridge started leakage and items kept in it spoiled due to non functioning.

 

 

10. On perusal of the pleadings and evidence of complainant it is the bounden duty of the OP No.1 to 3 to give service and rectify the problems of purchased Fridge. But the OPs have not attended the problems of the Fridge and that amounts to negligence and deficiency in service on the part of OP No.1 to 3. We felt that it is the sole responsibility of OP No.3 as a dealer representing the company (OP No.1 and 2) care should have been taken after problem appeared in the functioning of refrigerator. The photos produced by the complainant indicate that the refrigerator was not functioning two months after its purchase as water started leakage from it. The OPs have failed to rectify the problem arose in the fridge in spite of oral request and written notice sent by the complainant. The problem was occurred during the warranty period of the refrigerator as such the act of the OPs amounts to deficiency in service and negligence on their part. When the OPs are not ready to rectify the problem of the fridge, it is not necessary to give direction to replace another refrigerator. 

 

 

11. The complainant has suffered mental agony due to non functioning of the refrigerator within two months from its purchase as such the OPs shall liable to pay compensation of Rs.5,000=00 in addition to litigation cost of Rs.5,000=00. In the result, for the foregoing reasons, we proceed to pass the following;

 

ORDER

 

The complaint filed by the complainant is allowed directing the OP No.1 to 3 jointly and severally liable to pay Rs.21,000=00 price of the refrigerator to the complainant. The OPs shall pay the said amount within 45 days otherwise, they shall pay interest @ 8% p.a. from the date of filing complaint till its payment.

 

It is further ordered that the OP No.1 to 3 are jointly and severally liable to pay litigation cost of Rs.5,000=00 and compensation of Rs.5,000=00 to the complainant within 45 days from the date of this order. Otherwise, it carries interest at the rate of 8% per annum from the date of filing the complaint till the date of payment.