By: Sri. Mohandasan K., President
1. The complainant purchased a refrigerator from the opposite party as per invoice dated 07/05/2021, GSTN-33AAGCC42360PIZG dated 06/05/2021. He paid Rs.24,071/- towards the invoice amount. From the date of use of the refrigerator it was found defective. There was abnormal sound from the motor and water leaking. Insects were entering in to the refrigerator and food articles became spoiled. The complainant informed the same during the month of April 2022 and one mechanic was deputed by the opposite party, but he could not rectify the defect of the refrigerator. The defect was again informed to the company then also a mechanic was deputed and, on his inspection, it was stated that the refrigerator was not in a condition of rectification. The complainant informed the company but they did not care to rectify the defect. The act of the opposite party amounts unfair trade practice and deficiency in service. Hence the complainant prays for the refund of cost Rs.24,071/- with interest at the rate of 12% along with compensation of Rs.1,00,000/-. The complainant also claims cost of Rs.5,000/-.
2. On admission of the complaint notice was issued to the opposite party and they entered appearance through counsel but they did not filed version. Hence the opposite parties set exparte.
3. The complainant filed affidavit and documents in lieu of evidence. The documents marked as Ext. A1 to A4. Ext. A1 is copy of debit note dated 06/05/2021. Ext. A2 is copy of email along with lawyer notice dated 09/06/2022. Ext. A3 is copy of email (series) dated 07/06/2022. Ext. A4 is copy of email communications.
4. Perused affidavit and documents and heard the complaisant. It appears there is merit in the contention of the complainant. The case of the complainant stands proved through the affidavit and documents. There is no contra evidence from the side of opposite parties. But we find that the claim of Rs.1,00,000/- is an exaggerated amount and we consider Rs.25,000/- will be a reasonable amount as compensation on account of deficiency in service and unfair trade practice from the side of opposite parties and thereby caused inconvenience and hardship to the complainant. The opposite parties are liable to refund the cost of the refrigerator as claimed by the complainant. We allow Rs.5,000/- as cost of the proceedings.
5. In the light of above fact and circumstances we allow this complaint as follows.
- The opposite parties directed to refund Rs.24,071/- to the complainant as the cost of the refrigerator.
- The opposite parties are directed to pay Rs.25,000/- as compensation to the complainant on account of deficiency in service and unfair trade practice and thereby caused inconvenience and hardship to the complainant.
- The opposite parties are liable to pay Rs.5,000/- as cost of the proceedings.
- The opposite parties are permitted to take back the defective refrigerator from the complainant after compliance of order.
The opposite parties are direct to comply this order within one month from the date of receipt of copy of this order, failing which the opposite parties are liable to pay interest for the above said entire amount at the rate of 12% annum from the date filing this complaint till realization.
Dated this 20th day of December, 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.A1to A4
Ext.A1: Copy of debit note dated 06/05/2021.
Ext.A2: Copy of email along with lawyer notice dated 09/06/2022.
Ext A3: Copy of email (series) dated 07/06/2022.
Ext A4: Copy of email communications.
Witness examined on the side of the opposite party: Nil
Documents marked on the side of the opposite party: Nil
Mohandasan K., President
Preethi Sivaraman C., Member
Mohamed Ismayil C.V., Member
VPH
