By: Sri. Mohandasan K., President
1. The complainant purchased a Fridge from the first opposite party which is manufactured by the second opposite party i.e., on 12/03/2016 for Rs.13,700/-. But the Fridge became defective during the warranty period but the opposite party did not care to repair the defective fridge as per warranty condition. Hence the prayer is to redress his grievance and also to pay compensation of Rs.1,00,000/-.
2. On admission of the complaint notice was issued to the opposite parties and on receipt of notice the second opposite party filed version denying the averment and allegations in the complaint. The first opposite party though received notice not turned up hence name called and set exparte.
3. The opposite party contended in the version that the complainant purchased the L.G brand refrigerator manufactured by them for Rs.13,700/-on 12/03/2016. As per the copy of the warranty card the refrigerator is provided with comprehensive warranty for one year and additional four years warranty for the compressor alone.
4. On 05/11/2020 i.e. After 4 years of purchase, the complainant registered a complaint with this opposi party. On inspection by the service engineer it was found that the freezer unit made of aluminum metal is having a hole in it. This can be happened only by mishandling by the customer. It is presumed that the complainant has used some sharp-edged tool like screw driver or knife, may be to detach some frozen food item from the freezer unit, which caused damaged to the freezer unit. A copy of the photographs taken by the service engineer showing the damage caused to the freezer unit is attached here with. The warranty does not extend to damage due to customer abuse. The warranty of one year is already expired and the additional warranty of 4 years is only for compressor unit alone. The complaint to the refrigerator is out of warranty. Since several internal parts of the refrigerator are already damage, it may not be feasible to repair the refrigerator. So, there is no deficiency of service from the side of opposite party and the complaint is due to customer abuse only and which is out of warranty and so the complaint is liable to be dismissed.
5. The complainant filed affidavit and documents marked as Ext. A1and A2. The second opposite party also filed affidavit. But no document is seen filed on behalf of the opposite party. Ex.t A1 is bill issued by the first opposite party to the complainant for Rs.13,700/- dated 12/03/2016. Ext.A2 is copy of owner’s manual of the refrigerator issued the first opposite party dated 12/03/2016.
6. Heard complainant and opposite party. Meanwhile parties suggested chance for settlement and the complaint was taken to Lok Adalat on 12/11/2022. On that day the parties came to a settlement and the second opposite party agreed to pay Rs.13,700/- to the complainant within one month from the date of settlement i.e., from 12/11/2022. The complainant and the opposite party signed in the agreement and which is counter signed by Adv. Sharafuhdeen Kannatti who is the counsel for the opposite party. But due to want of power supply the settlement order was not properly prepared and signed by the presiding officers of the Adalath and parties and so the matter was taken up for verification of the compliance of agreement entered between the parties in the Adalath on 14/12/2020 and notice issued to both parties. Though complainant represented on 28/12/2022 when the matter was called. But the opposite party remained absent. Hence the matter was heard and taken for orders to this day.
7. It appears the matter has been settled in the lok Adalath through an agreement signed by the parties and the counsel for the opposite party. It will be proper to allow the complaint as settled between the parties. Since the opposite party has not complied the terms of settlement, the complainant is entitled for the interest of the settled amount. Hence in addition to the settlement amount of Rs.13,700/- the complainant is entitled interest at the rate of 12% per annum from the date of settlement i.e from 12/11/2022 to till date of payment. The opposite party is directed to comply this order within one month from the date of receipt of copy of this order, failing which the opposite party is liable to pay Rs.10,000/- as compensation to the complainant, since the matter is being settled and the order is based on the settlement. The agreement entered between the parties will be part of this order. We are not inclined to allow cost to the complainant.
In the light of above fact and circumstances, we allow the complaint as follows: -
- The second opposite party is directed to pay Rs.13,700/- with interest at the rate of 12% per annum from 12/11/2022 to till date of payment.
- The second opposite party is directed to pay the above said amount of Rs.13,700/-with interest at the rate of 12 % per annum from 12/11/2022 to till date of payment and i.e. to be done within one month from the date of receipt of copy of this order, and on failing to do so the complainant is entitled for an amount of Rs.10,000/- as compensation.
- The first and second opposite parties are jointly and severally liable to pay the compensation amount of Rs.10,000/- also in case the second opposite party fails to comply the direction to pay Rs.13,700/- with interest at the rate of 12% per annum from 12/11/2022 to till date of compliance.
- No cost allowed.
The opposite parties shall comply this order within one month from the date of receipt of copy of this order, failing which the complainant is entitled interest at the rate of 12% per annum for the above said amount Rs.13,700/- from 12/11/2022 to till date of payment.
Dated this 25th day of January, 2023.
Mohandasan K., President
Preethi Sivaraman C., Member
Mohamed Ismayil C.V., Member
APPENDIX
Witness examined on the side of the complainant: Nil
Documents marked on the side of the complainant: Ext.A1 and A2.
Ext.A1: Bill issued by the first opposite party to the complainant for Rs.13,700/-
Ext.A2: Copy of owner’s manual
Witness examined on the side of the opposite party: Nil
Documents marked on the side of the opposite party: Nil
Mohandasan K., President
Preethi Sivaraman C., Member
Mohamed Ismayil C.V., Member
