B y  Sri.P.K,.Sasi, President

                        The case of the complainant is that on 10/3/2014 he has purchased a Whirlpool refrigerator (Ice Magic) from the 2^nd opposite party, which is manufactured  by the 1^st opposite party, by paying Rs.13,600/-.  On 22/4/14 it was noticed by the complainant that the door alignment of the refrigerator was not   correct and there is  door leak and excess ice formation on the beedings and trays of the refrigerator.  The complainant registered a complaint with the 1^st opposite party.  But there was no response.  After repeated telephonic requests, the service engineer of 1^st opposite party inspected the refrigerator on  11/7/2014.  But the defect of the refrigerator was not rectified.    Afterwards several  email sent by the complainant to the 1^st opposite party, but they were not willing to rectify the defects of the refrigerator.  Hence this complaint is filed for getting relief.

            2. On receiving the complaint, notice was issued to both the opposite parties.  The 1^st opposite party  appeared through counsel and filed detailed version.  But the 2^nd opposite party even after accepting the notice, neither appeared before the Forum nor submitted any version.  Hence set exparte.  The 1^st opposite party in their version admitted that there was a defect to the hinches of the refrigerator and that was rectified subject to the  availability of the same hinches.  According to the opposite party as per the report submitted by  their service engineer there is no other defects to the refrigerator.  The hinches replaced by the opposite party was having some colour difference.  Hence the complainant asked them to replace  the entire fridge with a new one.  The opposite party was not amenable for that.  They further submitted that there is no deficiency in service happened on their part and prayed for dismissal of the complaint with cost. 

            3. Then the case was posted for evidence and the points for consideration are that :

1) Whether there was any major defects  for the refrigerator?

2) Whether it can be considered as a manufacturing defect ?

3) Whether any deficiency  in service happened on the part of opposite parties?

4) If so what costs and reliefs ?

            4. From the side of complainant, he has appeared before the Forum and submitted proof affidavit, in which he has affirmed and explained all the averments stated in the complaint in detail.  He has also produced 4 documents, which are marked as Exts.P1 to P4.  The complainant also filed application for appointing an expert commissioner to inspect the refrigerator.  Accordingly the expert commissioner filed a report after inspecting the refrigerator in dispute in the presence of complainant as well as authorized person of the 1^st complainant.  That report was marked as Ext.C1.  Ext.P1 is the purchase bill dated 10/3/14, Ext.P2 is service request dated 11/7/14, Ext.P3 series are print out of  email communications (5 Nos.) and Ext.P4 is copy of warranty card.    From the side of 1^st opposite party neither any counter proof affidavit filed nor any documents produced.  We heard the learned counsel for the complainant in detail.

            5. We have gone through the contents of the affidavit and perused the documents as well as Ext.C1 expert commission report.  Since there is no contra evidence adduced from the side of contesting opposite party, we are inclined to accept the proof affidavit filed by the complainant.  The expert commissioner  very clearly reported that the refrigerator has got severe defects, which can be considered as a manufacturing defect.  In his detailed examination in the presence  of the technician of the 1^st opposite party, it was found severe alignment  defect to the door and the upper side of the body of the refrigerator also badly curved which caused bend to the door of the refrigerator, which cannot be rectified by repairing.  Considering all these points, we are of the opinion that the refrigerator has got severe defects which cannot be rectified by repairing.  Therefore we are of the opinion that the refrigerator in dispute is having manufacturing defect and the complainant is entitled to get the defective refrigerator replaced with a new one.  The 1^st opposite party knowing very well  the facts, denied the warranty  benefit to the complainant by without replacing the defective refrigerator.  Thereby the  1^st opposite party has committed deficiency in service as well as unfair trade practice towards the complainant.

            6.In the result we allow this complaint and 1^st opposite party is directed either to replace the refrigerator with a new one or to return the cost of the refrigerator i.e.Rs.13,600/- with 9% interest from the date of purchase along with Rs.5,000/- as cost of this complaint and Rs.5,000/- as compensation to the  complainant within one month from receiving copy of this order.  Failing which the complainant is entitled to get 9% interest for all those amount till realization.

            Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 31^st  day  of  July  2017.