By. Sr. P. Raveendran, Member:

Brief of the Complaint:- The complainant purchased a Fridge made by Haier compamy from opposite party No.1. At the time of purchasing the Fridge, the opposite party No.1 told that the Fridge is having 48 months warranty. After six months of the purchase there was water flowing on the side of the Fridge and there by wrist started on the side of the Fridge. The cooling system of the Fridge was not in proper working condition. The complainant met the 1^st and 2^nd opposite parties and demanded to cure the defect but they have not cured the defect of the Fridge. There after several times complainant approached opposite parties and requested to cure the defect but saying one or other reason they dragged the repair and thereby committed deficiency of service. Hence it is prayed that to give direction to the opposite parties to cure the defects and also pass an order directing the opposite parties to pay an amount of Rs.15,000/- as compensation.

2. Notices were served on the opposite parties and they appeared and filed their version. In the version of opposite party No.1 he admitted that on 06.09.2008 the complainant purchased the Fridge from his shop after thorough verification of the Fridge. The defect happened due to the handling of the Fridge against the norms of the opposite parties. The warranty period to the compressor of the Fridge is 48 months from the date of purchase. If any defect is caused to the Fridge it is to be rectified by opposite party No.2 and 3. The complainant is entitled to get any compensation from this opposite party. There is no deficiency of service on the part of opposite party No.1. Hence the complaint may be dismissed with cost to opposite party No.1.

3. The opposite party No.2 and 3 are also filed their version. In the version they contented that no deficiency of service or unfair trade practice on the part of opposite parties No.2 and 3. They admitted that the complainant purchased refrigerator on 06.09.2008 after complete satisfaction regarding its function. The complainant handled the refrigerator in a careless manner against the expressed instructions to use the Refrigerator. Many factors influence the internal temperature of the refrigerator and freezer section. The complainant do not strictly followed the strict instructions. The warranty of the refrigerator comprehensive only for 12 months and the warranty to the compressor is 48 months from the date of purchase. The complainant purchased refrigerator on 06.09.2008. The warranty expired on 05.09.2009. The complainant had no case that the compressor are defective. This opposite parties are not liable for wear and tear happened to the refrigerator or damage due to its use after the warranty period. On 06.08.2011 a complaint has been registered as per COC.1180 60026, very next day the 2^nd opposite party service engineer approached the complainant to inspect and note the actual defect of the refrigerator. But the complainant not permitted the 2^nd opposite party to conduct inspection. The complainant had not produced any expert opinion regarding the actual damage caused to the refrigerator. If any damage caused to the refrigerator it was due to mishandling by the complainant. This opposite party are not liable to rectify the defect after the warranty period. If any service to the refrigerator is to be done the complainant has to bear the actual cost involved in repairing and material cost since the warranty period is expired. The complainant is not entitled to get an amount of Rs.15,000/- as compensation. The complaint may be dismissed with the compensatory cost.

4. Considering the complaint and version the following points are to be considered:-

1. Whether there is any deficiency on the party of the opposite parties?

2. Relief and Cost.

5. Point No.1 :- To prove the complainant's case he has filed his proof affidavit, Ext.A1 to A3 documents are also marked. In the chief affidavit he stated as stated in the complaint. Ext.A1 is the bill for Rs.10,200/- dated 06.09.2008 issued by opposite party No.1 to the complainant. Ext.A2 is the warranty card issued at the time of purchasing the refrigerator. Ext.A3 is the letter issued by opposite party No.1 to the complainant. On perusing the same it is clear that the complainant purchased the refrigerator on 06.09.2008. It is further stated that the complainant given complaint on 24.07.2009 because of the over flow of water and they came and given promise to clear that Fridge but they did not clear that complaint and again complained on 06.08.2011 with the same complaint and wrist on the bottom of the body. To prove opposite parties case opposite party No.1 is examined as OPW1 and the service manager of opposite party No.3 is examined as OPW2. Ext.B1 document also marked on the side of the opposite parties. Ext.B1 is the user guide for refrigerator for Haier company. The main contention of the opposite parties are that the alleged complaint is to the body of the refrigerator and cooling system. The complaint raised after the expiry period of the warranty. Hence they are not liable to do the same. On perusing Ext.A1 it is clear that the refrigerator is purchased on 06.09.2008. Ext.A3 is the letter given by opposite party No.1. In the letter it is clearly stated that on 24.07.2009 the complainant filed complaint before him. That means the defect caused to the refrigerator is within the warranty period. So the opposite parties are to be rectify the defects of the refrigerator. Non rectifying the defects of the refrigerator is the deficiency of service on the part of the opposite parties. Opposite party No.1 cannot escape from his liability saying that it has to be done by the opposite party No.2 and 3. Non rectifying the defect is the deficiency of service on the part of opposite parties No.1 to 3. Point No.1 is decided accordingly.

6. Point No.2 :- The complainant is entitled to get repair the refrigerator from opposite parties. He is also entitled to get Rs.3,000/- as compensation. Point No.2 is decided accordingly.

In the result the complaint is partly allowed and opposite parties are directed to rectify the all defects of the refrigerator. They are also directed to pay Rs.3,000/- ( Rupees Three Thousand Only) as compensation. This is to be complied by the opposite parties within one month from the date of receipt of this Order.

Pronounced in Open Forum on this the day of 31^st January 2012.

Date of Filing:17.08.2011.