By Sri. Mohamed Ismayil.C.V, Member

            The complaint U/s 35 of Consumer Protection Act, 2019

1.         The complainant purchased L.G refrigerator, model GL-T 322RPZY from the shop of the first opposite party, who is the dealer/seller of the refrigerator of the second opposite party, the manufacturer.  The third opposite party is the service provider of the second opposite party.  On 18-11-2020 the complainant purchased the above said refrigerator for Rs.30,900/-  after the assurance given by the first opposite party that the product maintain  good quality , better performance, with various amenities and with 10 years of warranty.  According to the complainant, by the use of 10 months it is found that refrigerator had electric leakage, electric shocking at the time of opening of the door and did not have proper freezing and ice forming.  The complainant informed these grievances to the first opposite party who directed the complainant to register a complaint in the service portal of the second opposite party.  As per the direction, the complainant registered his grievances in the service portal of the second opposite party on 30-09-2021 as RNP 210930002670. On the basis of the registration of the complaint, the second opposite party directed the complainant to contact the third opposite party for service of the refrigerator. Accordingly, the complainant contacted the third opposite party for service of the refrigerator in order to rectify the defects.  The third opposite party inspected the refrigerator on 01/10/2021 and again on 14/10/2021 and found it is defective and tried for repairing it by changing panel board of refrigerator.  But efforts to rectify the defects was went in futile as the defects of the product is continued. Then on 23-10-2021, due to electric leakage in the refrigerator the wife of the complainant was shocked when she opened the door of the refrigerator. Actually the timely intervention of the complainant saved the life of his wife. On the very same day the   complainant informed this incident to the third opposite party.   Then the third opposite party came to the residence of the complainant and taken back the defective refrigerator after making assurance that a new refrigerator will be provided.  But the opposite parties did not supplied new refrigerator   .

2.         The complainant is a baker and doing business at Mankada and he purchased the refrigerator for facilitating his bakery business as well as to meet homely needs.   The refrigerator is highly necessary for making cakes and keep the same for his bakery business.  The complaint of the refrigerator caused financial loss and hardship to the complainant.

3.         On 25-10-2021 the complainant sent lawyer notice to the opposite parties.  The opposite party No.1 and 2 received notices but the notice of third opposite party returned by stating that the address cannot be located. The opposite parties 1 and 2 did not replied to the notice.   According to the complainant the seller, manufacturer and service provider are the birds of the same feather acting together by colluding each other and rendered in deficient manner without providing effective service.  Aggrieved by the act of the opposite parties, the complainant approached the Commission with prayer for the replacement of the above said model refrigerator with a new one or refund Rs.30,900/- (Rupees Thirty thousand  and nine hundred only) the price of the refrigerator  and to pay a sum of Rs.50,000/- (rupees Fifty thousand only) as compensation for the mental agony and hardships suffered by the complainant due to the deficiency in service.

4.         On admission of the complaint the commission issued notices to the opposite parties. Even though the all opposite parties were received notices, they did not turn up before the Commission. Hence set them exparte.

5.         The complainant filed affidavit in lieu of evidence.   Documents produced by the complainant is marked as Ext. A1 to A7.  Ext. A1 is the invoice receipt No. MAN/A17481 dated 18/11/2020 issued by the first opposite party to the complainant.  Ext. A2 is the warranty card issued to the complainant.  Ext. A3 is the mobile screen shot of the complaint registered in the service portal of the 2^nd opposite party.   Ext. A4 is the copy of lawyer notice issued to the opposite parties by the complainant.  Ext. A5 is the postal receipts.  Ext. A6 is the acknowledgement card served to the first opposite party.  Ext. A7 is the mobile screen shot of the postal tracking of the lawyer notice to the 2^nd opposite party. As there is no evidence adduced from the side of opposite parties, the evidence of the complainant remained unchallenged. Hence case of the complainant stands proved and Commission allows the complaint as follows:-

1. The opposite parties to 1 to 3 are directed to replace the model GL-T 322RPZY refrigerator with a new one of the said model or to refund Rs.30,900/-  (Rupees thirty thousand nine hundred only) to the complainant.
2. The opposite parties are directed to pay Rs.50,000/-  (Rupees Fifty thousand only) as compensation for the mental agony and hardship  suffered by the complainant  due to the deficiency in service rendered by the opposite  parties.
3. Opposite parties are directed to pay Rs.5,000/- (Rupees five thousand only) as the cost of the proceedings.

The opposite parties shall comply this order within one month from the date of receipt of this order, failing which the above said entire amount will carry interest @12% per annum from the date of the order till realization.

Dated this 16^th  day of May, 2022.

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.A1to A7

Ext.A1: Copy of invoice receipt No.MAN/A17481 dated 18/11/2020.

Ext.A2: Warranty card.

Ext A3: Mobile screen shot of the complaint registered in the service portal.

Ext A4: Copy of lawyer notice.

Ext A5: Postal receipts.

Ext.A6: Acknowledgement card.

Ext.A7: Mobile screen shot of the postal tracking

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

VPH