O R D E R<br /> <br /> Smt.Anita Shivakumar. K., Member<br /> <br /> Grievance of the complainant against the opposite parties [hereinafter called as Ops for short) in brief is that, he purchased a Samsung refrigerator from authorized dealer of Ops i.e. Adishwar India Ltd on 15/6/2008. The complainant had paid Rs.21,000/- towards full consideration of fridge for which dealer of Ops issued receipt bearing no: 1013-5161 dated 15/6/2008. Within 15 days of purchase, the said refrigerator was making unusual noise, sides of fridge were getting heated, not proper cooling system. The complainant had contacted the Ops immediately to its customer care centre of Bangalore over phone, Ops customer care in turn advised complainant to increase the level of the cooling to the maximum so that the said problem would not occur again. As per instruction of op complainant had followed the same and increased the level of cooling, but problem was continued to exist. After contacting Op customer care, they said that they will send service executive to rectify the problem. In the mean time, complainant noticed some cracks inside the freezer and water was going inside the body. The complainant personally contacted Bangalore Office, they said such defects in manufacture will be rectified by some experts from Delhi for which complainant have to wait for 2-3 months. One or the other reason Ops prolonging the issue to rectify and complainant requested to register the complaint, Ops refused register and to give complaint number. Finally, complainant registered the complaint no: 8412894713 and Ops visited the complainant’s place and took photographs of cracks and accepted that there is manufacture defect. Even Op agreed to replace the fridge. Ops were go on postponing the replacement for the reason of non availability of same model and requested complainant to wait till 25/1/2010 as a deadline. The complainant also issued legal notice dated 6/4/2010 which was duly served on Ops. Ops neither complied the request of the complainant nor replied to the notice. For supply of such defective fridge to the complainant made complainant and his family had undergone tensions, difficulty and hardship , hence, complainant seeking relief to get back his paid amount and with compensation of Rs.1.00 lakh from Ops.<br /> <br /> 2. Notices sent to Ops which were duly served on Ops. Ops appeared through his counsel and filed their version, but not filed affidavit. Counsel submitted that there is no evidence to be filed. Op denied the averments of complainant had complained regarding the problem in the fridge within short span of his purchase. Op admitted that complainant registered the complaint on 11/12/2009 for the first time and Op tried to reach the complainant after complaint has booked with Op but he could not. Again the complainant registered the complaint on 22/12/2009 and then engineer of Op visited the place of the complainant and found internal cracks in the fridge. By that time the warranty was lapsed and since it was non-repairable manufacturing defect in the fridge. Op is ready to refund the amount after deducting the depreciation amount as per their company policy i.e Rs.16,380/-. Hence, complainant is not entitled for full refund and compensation, prayed for dismissal of the complaint. <br /> <br /> 3. In the course of enquiry into the complaint, the complainant has filed his affidavit evidence reproducing what he has stated in the complaint. The complainant along with the complaint has produced the copy of receipt issued by dealer of Ops, copy of legal notice issued to Op for refund of money. The Op has not filed affidavit evidence and any documents. We have heard the counsel for both parties and perused the records.<br /> <br /> 4. On the above contentions, following points for determination arise.<br /> <br /> <br /> 1. Whether the complainant proves that Ops have caused <br /> deficiency in their service in not refunding the cost of the <br /> fridge?<br /> 2. To what reliefs, the complainant is entitled to?<br /> <br /> 5. Our findings are as under:<br /> <br /> Point no.1: In the affirmative<br /> Point no.2: See the final Order<br /> <br /> REASONS<br /> <br /> 6. Answer on Point No.1: The complainant through his affidavit evidence and also copy of invoice has proved that he had purchased a Samsung fridge from the Ops authorized dealer on 15/6/2008 for Rs.21,000/- This has not been disputed by the ops. The only contention taken by the Ops is that complainant has not faced any problem till one year of warranty. After lapse of 1 ½ year of usage of fridge complainant suffered problem, when Op personally verified and observed some cracks as identified by the complainant, Ops came forward to refund the amount which has paid by the complainant as per the company policy. At the time of arguments Op came with a D.D for Rs.16,380/- after deducting the depreciation for the usage of fridge for 1½ year as he calculated and stated in the version but complainant refused to receive it since he and his family members suffered hardship with supply of defective fridge by the Op, so he claimed for compensation with full amount to be refunded. <br /> <br /> 7. Here the point arises is that whether the complainant informed Op regarding problem in the fridge well within the warranty period or not? If so Op made any delay in attending the problem and is Op liable to compensate for that? As we go through all the material documents placed before us, there is no material to prove that complainant made any complaint to Op regarding the problem except he registered the complaint bearing no: 8412894713. Complainant not mentioned the date of said complaint registered with Op. But Op mentioned the first date of register of complaint was on 11/12/2009 and second complaint was on 22/12/2009. Later stage of complaint, he stated in the complainant that Ops postponed the date of replacement as deadline 25/1/2010. It means Complainant might have registered his grievance with Op prior to 25/1/2010 that might be in the month of December 2009 not before that. Suppose Complainant found any problem within 15 days of his purchase (15/6/2008) at least he could have register the complaint within warranty period, there is no point in waiting to register the complaint till December 2009. <br /> <br /> 8. Oral complainant could be put before the authorized dealer of Op who is not a party in this complainant. In our view there is big gap in oral complaint is made within 15days from 15/6/2008 and registering complaint with Op on 11/12/2009. So complainant in our view faced the complaint in the fridge only after lapse of warranty period not within that. Hence, complainant is only entitled for amount. <br /> <br /> 9. Since Op admitted that there was manufacturing defect which cannot be rectified and also agreed to refund Rs.16,380/- towards the cost of fridge. In which Op deducted depreciation amount of Rs.4,620/-for the usage of said fridge for 1½ years is not justifiable. In addition to all contentions, the admission of the supply of defective fridge also can be taken into consideration and liable to refund full amount of fridge, it amounts to deficiency in service on the part of Ops for which, Ops have to refund the amount to the complainant. Hence, we answer for point no.1.in the affirmative and we pass the following order.<br /> O R D E R<br /> <br /> Complaint is allowed, Ops are jointly and severally liable.<br /> <br /> Ops are directed to pay Rs.21,000/- to the complainant within 30 days from the date of order. <br /> <br /> Complainant shall return the fried to Op on payment of Rs.21,000/-.<br /> <br /> Parties to bear their own cost.<br /> <br /> Dictated to the Stenographer, Got it transcribed and corrected, Pronounced on the Open Forum on this 31st August 2010.<br /> <br /> <br /> Member Member President<br /> <br />