SRI. SAJEESH.K.P    : MEMBER

    The complainant has  filed this complaint  under Sec.35 of the Consumer Protection Act 2019,  seeking direction against the  OP to give Rs.14,900/- which is the  value of  Refrigerator and also pay Rs.67,000/- as the compensation for mental agony.

Complaint in brief :-

   According to the complaint,  on 27/2/2023 complainant purchased a refrigerator of LLOYD company  worth Rs.14,900/- along with 10 year warranty from OP.  But to the surprise of complainant the light  inside the fridge stopped its working  and cooling was effected.  This was informed to the service center  and they told that it was due to the change in system settings on 27/7/2023 again complainant demanded service as there was no cooling in the fridge and service center replied that they will provide service on cost  Rs.3000/-.  Since,some parts are not covered under warranty and complainant agreed for the same.  But no service was provided so far , hence this complaint.

     After filing this complaint, commission sent notice to both parties.  The OP received the notice and not appeared before the commission and not filed any version. The commission had to  held that the  OP has no version as such this case came to be proceed against the OP is  set exparte. 

         Even though, the opposite party has remained ex-parte, it is for the complainant to establish the allegations made by him against the  OP.  Hence the complainant was called upon to produce evidence in the form of affidavit and documents.  Accordingly the complainant has chosen to produce his affidavit along with two documents  marked  as Exts.A1& A2.  Ext.A1 is the tax invoice dtd.27/2/2023 issued by OP and Ext.A2 is the warranty card with terms and conditions.  The complainant was examined as PW1. So the OP  remain absent  in this case.  At the end the commission heard the case on merit.

     Let us have a clear glance at the relevant documents of the complainant. The commission looked in to the available evidence  brought  before  by the complainant.  On the perusal of Exts.A1&A2, it is apparent  that refrigerator of LLOYD Company purchased  by complainant on 27/2/2023 worth Rs.14900/- and  the warranty of one year against manufacturing defects and the compressor of the  product shall carry  an additional warranty for a period of 9 years  after the completion of the one year warranty.  Hence Exts.A1&A2 are apparent  evident to the averments of  purchase  and warranty period mentioned in the  complaint even though complainant told that the product has 10 years warranty.  But in order to  prove the exact nature of the  defect arise with the  refrigerator  is not produced before the commission, as the commission  came into conclusion regarding the nature of defect met with the refrigerator which complainant purchased.  Even though, there is no direct evidence of defect, there is a complaint instituted before the commission within 6 months from the date of purchase and the notice to the OP was properly served and OP  choose to be exparte.  Hence the complainant is entitled to get the proper service and thereby the commission came into a conclusion based on Exts.A1&A2.  That OP is liable to rectify the defect of  refrigerator free of  cost to complainant and the complainant is entitled to get compensation and cost as the complainant was not able to use the product even after the payment of full consideration to OP and also the defect of product arise within a few months of purchase.

       In the result the complaint is allowed in part.  The opposite party is directed to rectify the defect of the refrigerator on free of cost within  2 weeks  of receipt of this order  and also  directed to  pay Rs.5000/- as  compensation and Rs.5000/- towards the cost of litigation  to  the complainant .  In default, opposite party is directed to pay Rs.14,900/- which was the price of refrigerator and  the complainant is  directed to hand over the refrigerator on receipt of  an amount of refrigerator along with compensation and cost to  complainant within 30 days of receipt of this order, failing which the   complainant is  at liberty to  execute  the  order as  per the  provisions  of Consumer Protection Act 2019.

Exts:

A1-tax invoice

A2- warranty with terms and conditions

PW1-Sahadevan.K.K-complainant

Sd/                                                            Sd/                                                  Sd/

PRESIDENT                                                   MEMBER                                                       MEMBER

Ravi Susha                                          Molykutty Mathew                                              Sajeesh K.P

eva                                                                                   /Forwarded by Order/

                                                                                             ASSISTANT REGISTRAR