Presented by Sri B.K. Pati, Member:-<br /> The present complaint pertains to defective goods and deficiency in service as envisaged under the Consumer Protection Act-1986. Its brief history is as follows:-<br /> <br /> The Complainant, for his personal use purchased from the Opposite Party, a Godrej Refrigerator bearing Model No. GEF 2205 UNIT SR No. 8080 3040625 for a consideration of Rs. 12,800/-(Rupees twelve thousand eight hundred)only with warranty of five years and assured door-step service by its Service Engineer. On the 10th day of purchase the Complainant found that the vegetables and other items kept inside the freeze were being covered with ice and thereby were spoiled and were not edible. After repeated telephonic and at last written complaint on Dt. 11/08/2008 to the Opposite Party as regards the defect, his service engineer attended the defect but could not detect the reason thereof and provided a voltage stabilizer apprehending that the same might be due to low voltage. The same problem continued even after the installation of voltage stabilizer while the refrigerator of the Complainant's neighbours were not giving such trouble. On being intimated the next date about the trouble the Opposite Party assured the Complainant that he would send his senior service engineer but did not do any thing to rectify the defect even after he was requested again on Dt. 24/09/2009. The Complainant sent a pleader notice on Dt. 13/03/2009 requesting the Opposite Party either to replace the refrigerator or refund the consideration amount of Rs. 12,800/-(Rupees twelve thousand eight hundred)only but in vain. <br /> <br /> The Complainant prays for replacement of the refrigerator or in the alternative to refund the consideration amount of Rs.12,800/-(Rupees twelve thousand eight hundred)only with interest @18%(eighteen percent) per annum from the date of purchase till payment as well as a compensation of Rs. 50,000/-(Rupees fifty thousand)only for the deficiency of service.<br /> <br /> The Opposite Party has received the notice of the Forum but did not appear to participate in the proceeding and was set ex-parte. Hence the order is made ex-parte.<br /> <br /> The Complainant has filed copy of Bill No. 430 Dt. 12/05/2008 showing payment of Rs. 12,800/-(Rupees twelve thousand eight hundred)only towards the price of the refrigerator in question, the document showing warranty as well as a copy of the pleader notice Dt. 13/03/2009 in support of his case. The documents testify to the purchase and the complaint made by the Complainant to the Opposite Party as regards the defective refrigerator. The Opposite Party by neither removing tthe defect in the refrigerator, nor replacing the same or refunding the price thereof, has committed deficiency of service towards the Complainant.<br /> <br /> In view thereof, the Opposite Party is directed to refund to the Complainant Rs.12,800/-(Rupees twelve thousand eight hundred)only, the cost of the refrigerator with 9% (nine percent) interest per annum chargeable from the date of purchase i.e. Dt. 12/05/2008 till the date of Order, and pay a cost/compensation of Rs. 5,000/-(Rupees five thousand)only within thirty days hence failing which both the amounts shall carry 18%(eighteen percent) interest per annum till payment.<br /> <br /> Complaint allowed accordingly.<br />