By Smt. Bindu. R,  President:

          This  Consumer Complaint is filed by Mrs. Rashida,  Kanjay  House, Pulikkadu, Tharuvana Post,  Wayanad -670645, Kerala  against  M/s Deepthi Vision, B-Street,  Mananthavady,  Wayanad-670 645, Kerala,  Rep by the Manager and another as Opposite Parties alleging deficiency of service and unfair trade practice  as per section 35 of the Consumer Protection Act 2019.

           2. The Complainant states that she  bought a single door fridge (LG Brand,  LG REF GL-D201APZZ) worth Rs.19,000/-  on 24.12.2022 from  LG dealer, 1^st  Opposite Party which has one year full warranty and 10 years warranty for the compressor.  According to the  Complainant the product was not working  properly after  first month of purchase.  The freezer portion becoming solid ice and  when  defrost the ice,  the water  drops to the tray is smelling after two days which spoils the food items.  Upon  complaint to the dealer,  technician of the dealer inspected and repaired it by replacing the parts.  But according to the Complainant,  the same  issue occurred  after 3 days and again when complained to the dealer,  the same was also said to be cured after replacing some parts.  But according  to the Complainant,  the issue is subsisting and when approached the dealer they  are not responding  and hence  filed complaint to the Commission for return Rs.19,000/- the  price of the fridge and also for other  reliefs.

          3. Upon  notice from this Commission  1^st  Opposite Party has not  responded  even though notice was served on them.  2^nd  Opposite Party proposed  vakkalath  but not  filed version and hence  both Opposite Parties were set exparte.  The Complainant filed  Chief Affidavit and Ext.A1  to A4 which are marked from the side of the Complainant.

          4. Considered the matter in detail and perused the records.

          5. The following  are the  points  to be analysed   by the Commission to derive in to  an inference of the facts of the case.

1.  Whether the Complainant had sustained  to any deficiency of service or unfair trade practice from the  side of the Opposite Parties?
2. If so the quantum of compensation and other reliefs for which the Complainant is entitled to get?

6. In this case  Ext.A1 is the copy of Tax Invoice dated 24.12.2022 by which the

Complainant had purchased LG REF GL-D201 APZZ worth Rs.16,101.69 along with another item.  Ext.A2 is the copy of Owner’s  manual for the LG Refrigirator,  Ext.A3 is the copy of  Quick Reference Guide  for Direct Cool Refrigerator and Ext.A4 is  the copy of 1^st  complaint reference book  page   dated 23.09.2023.

          7. The case of the Complainant before the Commission is that she  had purchased the fridge worth Rs.19,000/- from the 1^st Opposite Party on 24.12.2022.  Ext.A1 shows  the value of the fridge as Rs.16,101.69.  Other documents with reference to the purchase of the fridge are also produced by the Complainant.  From the side of the  Opposite Parties,  there is no evidence to disprove the allegations of the Complainant and the non filing of version from the side of Opposite Parties after receiving the notice from the Commission substantiates  that they do not have any valid  reasons to offer to disprove the allegations in the complaint.

          8. In these circumstances, the Commission found that the Complainant had proved  point No.1  in her favour and hence the following orders are passed.

1. The Opposite Parties are directed to return the price of the fridge ie Rs.16,101.69  (Rupees Sixteen thousand  One hundred and One  and Sixty Nine paisa) to the Complainant with 6% interest from the date of filing  of the complaint.
2. The Opposite Parties are also liable to pay compensation of Rs.10,000/-  (Rupees Ten thousand only) and costs of the proceedings of Rs.5,000/- (Rupees Five thousand only) to the Complainant.

Needless to say that the Opposite Parties are jointly and severally liable for the

above ordered amount and if the amount is not paid within 30 days of receipt  of the copy of this  order  the Opposite Parties will  be liable for 8% interest  for the amount except that awarded as costs,  from the date of order till realization.

          Consumer Complaint is allowed.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 8^th   day of April  2024.

          Date of filing:14.12.2023

                                                                             PRESIDENT    :  Sd/-

MEMBER        :   Sd/- 

APPENDIX.

Witness for the Complainant:

PW1.                    Rashida.                                   Complainant.                   

Witness for the Opposite Parties:

Nil.   

Exhibits  for the Complainant:

A1.       Copy of Tax Invoice.                               dt:24.12.2022.

A2.       Copy of Warranty Card.                           

A3.       Copy of Quick reference Guide for Direct Cool  Refrigerator.

A4.       Copy of  First complaint reference book  page  dt:23.09.2023.

Exhibits for the Opposite Parties:

Nil.       

                                                                                                PRESIDENT:  Sd/-

                                                                                              MEMBER    :  Sd/-