This complaint coming up before us for hearing on 04.08.10 in the presence of Smt.G.Padmavalli, advocate for complainant and in the presence of opposite party, upon perusing the material on record, hearing both sides and having stood over till this day for consideration, this Forum made the following:-

O R D E R

PER SMT.T.SUNEETHA, MEMBER:

                This complaint is filed under section 12 of Consumer Protection Act, 1986 by the complainant seeking directions on opposite party to award Rs.47,100/- towards refund of cost of refrigerator and also compensation and costs.

The brief facts of case are that

                The complainant is Bulusu Sai Mohan resident of Guntur.  The opposite party is proprietor, Vijay TV and Video Home, Guntur.  The complainant purchased a refrigerator model No.GDPV 2 195 D, of 195 lr. size, bearing No.0909071378, Metalic Champion Colour for an amount of Rs.10,100/- from opposite party on 22-05-09.  At the time of receiving refrigerator from opposite party at his home, the complainant found that the piece was damaged on the top and the gas-cut was not tight.  The complainant objected and expressed the same to opposite party.  Subsequently, the opposite party had sent a mechanic, who registered the complaint and went away.  Then the complaint got issued a registered legal notice to opposite party for which they responded stating that they would sent a mechanic for checking. 

                The opposite party never turned out after that.  The damaged refrigerator is consuming more electricity due to loose contact of gas-cut.  Despite the requests and representations made by complainant to opposite party, they put deaf ear and committed deficiency of service.  Hence, the complaint.

                The complainant has filed affidavit.  Ex.A1 to A5 are marked.  Ex.B1 is marked on behalf of opposite party.

                During the pendency of case, complainant filed a memo stating that she received new refrigerator in place of damaged one.  She further stated that she has to receive other expenses from opposite party.  In her arguments, she expressed that her electricity charges went high due to damaged refrigerator and therefore, she is entitled to receive compensation in that regard.

Now the points for consideration are that:

1. Whether the opposite party has committed deficiency of service?
2. To what extent?

POINT No.1

                The complainant alleged that the refrigerator purchased is defective and it is informed to opposite party.  Though the opposite party has sent the mechanic and found the defect, it did not choose to rectify the same immediately.  The delay made by opposite party resulted in high amount of electricity bill and also mental agony to the complainant.  But during the pendency of case, the opposite party has replaced defective refrigerator with a new one.  Hence, the deficiency alleged by complainant on the part of opposite party is satisfied in part.

POINT No.2

                Though main relief sought in the complaint has been complied with during pendency of complaint, ancillary relief sought for compensation for deficiency of service is still under consideration.  On overall examination of facts and circumstances of case, what we observe is that there is any amount of delay, which caused suffering to the complainant both mentally and financially.  Therefore, the complainant is entitled for compensation.

                In the result, the complaint is allowed in part in terms as indicated below:

1. The opposite party is directed to pay an amount of Rs.1000/- towards compensation for mental agony, pain and suffering.
2. The opposite party is further directed to pay an amount of Rs.500/- towards costs of complaint.
3. The amounts ordered above shall be paid within a period of six weeks from the date of receipt of copy of this order, failing which they shall carry interest @ 9% p.a. till the date of realization.   

Typed to my dictation by the Junior Steno, corrected by us and pronounced in the open Forum dated this the 6^th day of August, 2010.

    Sd/- x x x                        Sd/- x x x                        Sd/- x x x

    MEMBER                         MEMBER                        PRESIDENT

   APPENDIX OF EVIDENCE

No oral evidence is adduced on either side

                                        DOCUMENTS MARKED

For Complainants:

For Opposite Party:                   

                                                                                          Sd/- x x x

                                                                                            PRESIDENT