By Smt. PREETHI SIVARAMAN.C, MEMBER

1.Case of the complainant

        On 26/04/2020 complainant purchased a frost free 241 litres Godrej Refrigerator from 1^st opposite party for an amount of Rs.24500/-.  At the time of  purchasing the refrigerator, opposite parties  had assured 10 years warranty. But on the second day of purchase , it is seen that water is oozing  out profusely from the refrigerator and vegetables and fruits  worth Rs. 3000/- kept inside it were damaged.  Complainant informed this to opposite party No.1 and the service person sent by the second opposite party, who is the authorised Service provider for Godrej appliances inspected the product and realised the problem and gave a letter to complainant to that effect.

2.       Thereafter the fridge was replaced by 1^st opposite party and gave another fridge of the same company to complainant.  The new fridge also showed the complaint of non cooling and complainant informed to the opposite party No.1 after two days.  Thereafter this fridge also replaced by first opposite party.  After three days of use it also showed complaint of high sound, emitting high heat, scratch on freezer and dent.  This matter was again informed to the 1^st  opposite party and the authorised service person of the  second opposite party inspected the fridge on 15/05/2020 and noted freezer damage and scratch.  Thereafter he issued  an inspection letter on the same day  to that effect. 

3.     Again  complainant approached 1^st opposite party  to lodge his grievances, but then 1^st opposite party hesitate  to accept complainant request of  giving a  working fridge in  good condition instead of  the earlier fridge.  Due to the acts of opposite party No.1, complainant sustained loss, hardships, defamation and mental agony.  Now complainant forced to keep the faulty fridge without any use.  There is  clear deficiency of service and unfair trade practice  from the side of  opposite parties.  Hence this complaint. 

4.    Claim of the complainant is that , he is entitled to get  Rs. 24,500/- the cost of the fridge with  12% interest from  26/04/2020  and Rs.1,00,000/- as compensation  for mental agony and hardships suffered by the complainant by the act of opposite parties and Rs. 25,000/- as cost.  

5.    On admission of the complaint notice was issued to the opposite parties  and notice served them  and opposite party No.3 appeared through their counsel and filed version and affidavit. Even after receiving the notice opposite party No.1 and 2 did not turn up.   Hence opposite party No.1 and 2 set exparte.

6.     In their version, opposite party No.3 denied all the allegations  raised by complainant except  those which are specifically admitted.  They again contented that the petition itself is not maintainable as per law and facts and liable to be dismissed.  The first complaint was booked on 08/05/2020 as per complaint No.702253.  They again contented that they are the manufacturer of household appliances like fridge, Air conditioner, Washing machine etc.  All products manufactured and marketed by them are subjected to strict quality check by Quality assurance department and those which meet technical parameters are only passed through different agencies.   They did not do any service directly and servicing is conducted by different authorised service centres.

7.    They again contented that machine was replaced twice by dealer without causing much delay to complainant. But liner crack was found on third machine. They again said that as a special case they are ready to refund the cost of the machine.  But complainant was not willing to accept the offer made by them.  They are also ready to send a vehicle to collect the fridge from complainant’s house after sanction for refund was received and it informed to the complainant.  But complainant proceeded the case.  Hence  this complaint is liable to be dismissed. 

8.            In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 to A4. Ext.A1 is the true copy of Tax invoice dated 26/04/2020 given by opposite party No.1 to complainant. , Ext.A2 is the  true copy of warranty details  of the fridge , Ext.A3  is the  true copy of  retail invoice given by authorised service provider for Godrej appliances to complainant, Ext.A4  is the true copy of  inspection letter issued by  Mr. Nikhil of Penta cool refrigerator  to complainant.

9.    Opposite party No.3 also filed affidavit and no documents filed.    Perused the complaint, version, affidavits and documents, the following points arise for consideration :-

1. Whether there is any deficiency of service and unfair trade practice on the part of opposite parties.
2. Whether complainant is entitled to compensation as claimed.
3. Reliefs and cost.

10. Point No.1 & 2

             Case of the complainant is that  on 26/04/2020 complainant purchased  a  frost free 241 litres Godrej Refrigerator from 1^st opposite party for an amount of Rs.24,500/-  and  opposite parties assured 10 years warranty. But on the second day of purchase , it is seen that water is oozing  out profusely from the refrigerator and vegetables and fruits  worth Rs. 3000/- kept inside it were damaged.  Complainant  informed this to opposite party No.1  and the service person sent by second opposite party , who is the authorised service provider for godrej appliances inspected the product and  realised the problem and gave a letter to complainant to that effect.   The fridge was replaced by 1^st opposite party and gave another fridge to complainant and the  new fridge also showed the complaint of non cooling and complainant informed this to opposite party No.1 after two days.  Thereafter this fridge also replaced by first opposite party and that  also showed the complaint of high sound, high heat emission, scratch on freezer and dent.  Complainant approached 1^st opposite party  to lodge  his grievances, but then 1^st opposite party hesitate  to accept complainant’s  request of  giving a  working fridge in  good condition instead of  the earlier fridge.  Now complainant forced to keep  the faulty fridge  without any use.  There is  clear deficiency of service and unfair trade practice  from the side of  opposite parties. 

11.       But after receiving notice from this Commission opposite party No.1 and 2 not appeared before this Commission and did not file version and affidavit, hence they set exparte.    Opposite party No.3, the manufacturer of the above refrigerator stated that  all the products manufactured by them are subjected to strict quality check up by Quality Assurance Department  and  those which meet technical parameter are only passed  for same through different agencies. 

12.      While  perusing the  documents   and affidavit  filed by complainant, it is clear that  there occurred some defects especially issue regarding cooling  to the fridge  which complainant bought.   More over  opposite party No.3 also admitted that the fridge was replaced twice by dealer without causing much delay  to complainant  and also admitted that liner crack was  found on third machine.    Not only that in their version and affidavit opposite party admitted that the first complaint was booked on  08/05/2020 as per complaint No. 702253.  They again stated that as a special case  they are ready to refund the cost of the machine ,but the complainant was not willing to accept  the offer and  proceeded with the case.  They again said that they are ready to send a vehicle to collect the refrigerator from site after sanction for refund was received. 

13.      From the above admissions made by opposite party No.3 it is clear that the above said fridge had  defects  from the beginning.  In the complaint , complainant stated that  from the second day of the purchase of the fridge, it is seen that water is oozing out  from the  refrigerator and  vegetables and fruits kept inside the fridge was damaged.    From the facts  we are on the opinion that the statement made by complainant is  not an exaggerated one , but statements of truth.  Opposite party No.3 also admitted that  they have  replaced the refrigerator twice   due to the  oozing of water, non cooling , high sound , emitting high heat, scratch on freezer and dent.  Ext. A3 document produced by complainant  shows that  on 15/05/2020 the authorised service provider for Godrej appliances approached the complainant and stated  in the description  area of the document that   freezer damage and scratch.

14.        More over the 1^st  opposite party  abused the complainant by using filthy words  and harass the complainant and he sustained  defamation and mental agony  are believable.  The fridge which got damaged on very next day onwards clearly shows that fridge has manufacturing defects no need of other documents to prove that fridge had manufacturing defects.  It is a clear cheating from the side of opposite party No.1 to 3.  Hence, we are on the opinion that there is clear deficiency in service and unfair trade practice from the side of opposite parties. Hence complainant is entitled to get compensation as claimed by him in the complaint. Hence we allow this complaint holding that opposite parties are deficient in service.

15.   Hence we allow this complaint as follows:-

1. The opposite parties are directed to refund Rs. 24,500/-(Rupees Twenty four thousand and five hundred only) the cost of the fridge to the complainant  with 12% interest from 26/04/2020 to order date.   
2. The opposite parties are  also directed to pay compensation of Rs.1,00,000/-(Rupees One lakh only) to the complainant on account of deficiency in service on the part of opposite parties and thereby caused mental agony, physical hardships and sufferings to the complainant.
3. The opposite parties also directed to pay Rs. 25,000/-(Rupees Twenty five thousand only) as cost of the proceedings.

              If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite parties are liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.