Present :    Sri A.K. Das,  President

                  Sri L.K. Banerjee,  Member

Order no.  5    dt. 13.11.2007

            Complainant has moved this forum for relief directing the o.p. either to repair the compressor or to change the compressor which suffers from defect within the warranty period. It is alleged by the complainant that he purchased the refrigerator on 2.7.03 and due to some mechanical fault it was again changed on 17.7.03 with six years warranty of the compressor. But in the year 2006 the compressor of the refrigerator was not properly. He repeatedly asked the o.p. for taking steps whereby o.p. was demanding money for repairing of the same although the petitioner is entitled to free service from the o.p. He accordingly requested the o.p. either to change or to repair the compressor but the o.p. did not pay heed to it. Accordingly, he has filed this case alleging deficiency in service on the part of the o.p.

            Notice of the consumer complaint has been duly served upon the o.p. but they did not turn up to contest the claim of the petitioner. It is appearing from the record that the complainant purchased the refrigerator from the o.p. on 2.7.03. Thereafter it was changed on 17.7.03 on and from 2006 thje compressor of the refrigerator went out order. Complainant asked the o.p. to do the needful but no steps were taken on their part. The allegation of the complainant is unchallenged. There is no material on record contrary to the statement made by the petitioner. Accordingly, present consumer complaint succeeds and complainant is entitled to relief in the following terms.

            O.p. is directed to repair or to replace the compressor of the complainant’s refrigerator within two months from date, failing which o.p. is liable to pay damages Rs.50/- (Rupees fifty) only per day till repair or replacement  of the refrigerator. O.p. is also directed to pay litigation cost Rs.500/- (Rupees five hundred) only within two months from date, failing which it will carry an interest @ 8% p.a. till recovery.

            Let copy of this order be supplied to the parties free of cost.

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      Member                                                                                           President