Tamil Nadu

North Chennai

CC/134/2015

M/s.P.S.Vijay - Complainant(s)

Versus

M/s.Infiniti Retail Limited - Opp.Party(s)

Kpc.Mohan

13 Aug 2018

ORDER

                                                            Complaint presented on:  24.07.2015

                                                                Order pronounced on:  13.08.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT:  TMT.K.LAKSHMIKANTHAM, B.Sc., B.L., DTL.,DCL, DL & AL PRESIDENT

 

THIRU.D. BABU VARADHARAJAN B.Sc., B.L., :   MEMBER – I

 

MONDAY  THE 13^th  DAY OF AUGUST 2018

 

C.C.NO.134/2015

 

P.S.Vijay(Minor),

Rep. by his Mother Mrs.T.A.Renuka,

24/2, Greenland Appartments,

Church Road, Mogapair East,

Chennai – 37.

                                                                                    ….. Complainant

..Vs..

1.M/s. Infiniti Retail Ltd (Croma),

Rep. by its Manager,

No.AA-5 Khanna Building,

2^nd Avenue, Anna Nagar,

Chennai – 600 040.

 

2.L.G.Electronics India Ltd.,

Rep. by its Chairman,

“A” Wing 3^rd Floor,

D-3 District Centre,Saket,

New Delhi - 110 017.

 

3.M/s.Infiniti Retail Ltd (Croma),

Rep by its Chairman,

201, 2^nd Floor, Bandari East Street,

Akruthi Centre Point,

Next to Telephone Exchange,

Mumbai – 400 093.

.....Opposite Parties

Date of complaint                                 : 01.09.2015

Counsel for Complainant                     : Mr.K.P.C.Mogan

Counsel for  2^nd Opposite Party              : M/s.Prashant, Rajagopal & M.Premraj

Counsel for 1^st  opposite party                : Ex- parte (01.10.2015)

Counsel for 3^rd opposite party                      : Ex-parte (06.01.2016)       

 

O R D E R

 

BY PRESIDENT TMT.K.LAKSHMIKANTHAM, B.Sc., B.L., DTL.,DCL, DL & AL

          This complaint is filed by the complainant to refund the price of Refrigerator  i.e a sum of Rs.23,990/- with interest and Rs.65,000/- towards the compensation for mental agony, monitory loss with cost of the complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The complainant purchased a Refrigerator model No. FF 258LGL-M292 RLTL (PV/P2) 4 str 181434  on 16.07.2014 in the name of the complainant from the 1^st opposite party on payment of  sum of Rs.23,990/- with warranty. Refrigerator was delivered to the complainant’s residence on 17.07.2014 at 5.10 p.m when the complainant’s mother and her husband were away from the house, in spite of their request to deliver the same in their presence after 6.30 p.m. Demo was completed at 5.30 p.m. in the presence of the complainant who is a minor and he was asked to sign in the warranty book as if the refrigerator are in good condition. Without the knowing the nature of warranty book, the minor complainant signed it.  Thereafter when the complainant touched the Refrigerator  he was eletrocuted and thus complainant reported the matter to their parents soon after their return. Next day the complainant’s mother returned the above  refrigerator to the 1^st opposite party stating the reason and also for the improper delivery  and further requested the 1^st opposite party Manager one Mr.Sathish for replacement of  new refrigerator and also handed over the key of the refrigerator and warranty book. The Manager deliberately refused to replace or refund the money. Despite the warranty for 10 years the complainant contacted the 1^st opposite party frequently, but the opposite parties neither responded nor replaced the above refrigerator. The refrigerator is under custody of the 1^st opposite party. The complainant sent several e-mail and also sent notice dated April 24^th . There was no reply. After very long time and after the fair criticise of the deficiency of the service of the opposite party in face book the complainant received notice. The opposite party have adopted unfair trade practice and deliberately committed in deficiency in service and also mental agony and monitory loss. The complaint is filed by the complainant for refund of refrigerator price i.e a sum of Rs.23,990/- with interest and Rs.65,000/- towards the compensation for mental agony monitory loss and also Rs.5,000/- for the litigation expenses.

2. WRITTEN VERSION OF THE 2^nd OPPOSITE PARTY IN BRIEF:

          The complainant is a minor and not competent to enter into any contract and  he is sought to be represented by his mother is not by his father. The Complainant is not a Consumer  and no proof is produced to show that the complainant had purchased the refrigerator from his own funds  that he had means to purchase. He is not entitled to sue  for alleged deficiency in service. This opposite party denies the allegations of the complainant, has not proved anything by way of documents. It is   not within the knowledge of the 2^nd opposite party regarding any requests that were made for returning the refrigerator or  any improper delivery since such allegation are made against the  1^st and 3^rd opposite parties and further he is not aware of any contract made by the complainant and his parents to the 1^st and 3^rd opposite parties. However, they have not been negligent or lethargic in their attitude towards any customer much less the complainant. There is absolutely no deficiency in service or unfair trade practice and on their part.  The complaint is misconceived and this opposite party is not entitled any amount as prayed by the complainant and therefore the complaint is to be dismissed with cost.

          3. The 1^st opposite party called absent and was set ex-parte on 01.10.2015 and the 3^rd opposite party called absent and was set ex-parte on 06.01.2016. No documents filed other side the 2^nd opposite party. The complainant filed documents Ex.A1 to Ex.A8.

4. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite parties?

          2. Whether the complainant is entitled to any relief? If so to what extent?

5. POINT NO :1 

          The complainant is represented by his mother and has filed the complaint through his mother. A Refrigerator was purchased by the complainant on 16.07.2014 and the very next day it was delivered and demo was completed. When the fridge was put into operation, he got electric shock and the very next day mother of the complainant went to the 1^st opposite party’s shop and left the refrigerator along with the request to replace the same. Invoice is Ex.A1 and the reminding letter dated 25.03.2015 in Ex.A2 is sent by the complainant to customer support at Croma referring the earlier e-mails dated 21.11.2014,03.12.2014 & 12.03.2014. There was a reply in Ex.A3 acknowledging Ex.A2. Since no reply was received, the complainant sent an e-mail to Croma pointing out their deficiency in service and improper delivery & installation and requested to replace or return the cost of the refrigerator. Ex.A4  to Ex.A8 indicates the communication between the customer support team of Infiniti Retail  Limited through e-mail & leter. Even though it is within the warranty period, they have refused to supply a new one or to refund the amount. Hence the complainant is before this Forum.  The first opposite party and 3^rd opposite party have not appeared before this Forum and were set ex-parte. They have not chosen to defend the case of the complainant. Therefore the contentions against 1^st opposite party and 3^rd is taken as true so far as the documents filed by the complainant is not disproved by the 1^st opposite party and 3^rd opposite party. The complainant left the refrigerator in the 1^st opposite party’s shop is not denied by them in their reply.

          6. Coming to the 2^nd opposite party, their contention is that the complainant is a minor and he has no proof to show that he purchased the refrigerator on his own source and is not competent to enter into contract therefore he cannot sue for damages and the alleged deficiency in service and also contends that they are not aware of any contact made by the complainant or their parents to 1^st opposite party and 3^rd opposite party but they have pleaded that there is no deficiency in service and not adopted any unfair trade practice.

          7. On perusal of the documents of the complainant, it is evident that no correspondence is shown between the complainant and the 2^nd opposite party. As stated by the complainant 2^nd opposite party is the manufacturer. It is not ascertained by the complainant that the shock is due to the manufacturing defect. No document is filed to prove that there is any other manufacturing defect exists in the refrigerator. Minor is well represented by his mother in this complaint. Since this being a consumer Forum, there is no necessity to go into the source of income of the complainant. Hence the contention of the 2^nd  opposite party regarding  the same cannot be entertained. Since there is no proof of manufacturing defect is shown by the complainant, manufacturer cannot be held liable. However as discussed earlier, 1^st opposite party and 3^rd opposite party have not responded to the complainant’s grievances and have not disproved the case of the complainant. Therefore, this Forum is of the view that the 1^st opposite party and 3^rd opposite party are held liable for their deficiency in service and caused mental agony to the complainant and it is fit to order Rs.10,000/- for the same.

08. POINT NO:2

          Having waited for a long time, a new refrigerator was purchased by the complainant as per his statement,  it is just to order for the return the price of the refrigerator. Therefore it is ordered to the 1 and 3 opposite parties to refund the sum of Rs.23,990/- with 9% interest from 18.07.2014 till the date of payment to the complainant and to pay a sum of 10,000/-  for mental agony besides a sum of Rs. 5,000/- (Rupees five thousand only)  towards litigation expenses. The complaint in respect 2^nd opposite party is liable to be dismissed

In the result the Complaint is partly allowed. The Opposite Parties 1 & 3  jointly or severally are ordered to refund a sum of Rs.23,990/- (Rupees  twenty three  thousand nine hundred and ninety only)  towards the cost of the product with 9% interest from 18.07.2014 to till  the date of payment  to the Complainant and also to pay  a sum of Rs. 10,000/- (Rupees ten thousand only) towards compensation for mental agony, besides a sum of Rs. 5,000/- (Rupees five thousand only)  towards litigation expenses. The complaint in respect of the 2^nd opposite party is dismissed.

 

 

The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 13^th  day of August 2018.

MEMBER – I                                                                PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 16.07.2014                   Tax Invoice

Ex.A2 dated 25.03.2015                   E-mail sent by complainant

Ex.A3 dated 18.04.2015                   E-mail from 1^st respondent customer care

Ex.A4 dated 24.04.2015                   Copy of the notice

Ex.A5 dated 27.04.2015                   Copy of the notice

Ex.A6 dated 30.04.2015                   Copy of the notice

Ex.A7 dated 03.05.2015                   Copy of the notice

Ex.A8 dated 03.07.02015                 Notice of Croma

 

LIST OF DOCUMENTS FILED BY THE 2^nd OPPOSITE PARTY :

 

                                      NIL

                                               

MEMBER – I                                                               PRESIDENT