By Sri. K. Gheevarghese, President:
 

The complaint filed under section 12 of the Consumer Protection Act.
 

The complaint in brief is as follows.

The Complainant is the purchaser of a refrigerator from the 1^st Opposite Party on 21.3.2007. The refrigerator is the product of 'whirlpool' in the capacity of 180 liters. Within the warranty period of one year the refrigerator became not in function and Opposite Party were informed of the Complainant. The 1^st Opposite Party demanded Rs.800/- as the charge for repair and in addition to it Rs.200/- was collected from the Complainant in the way of transportation charge. Three days after the repair the refrigerator became faulty again and the same was informed to the Opposite Parties. The Opposite Party were not ready to attend the request and claim of the Complainant. There may be an order directing the Opposite Party to replace the defective refrigerator and to give the Complainant Rs.5,000/- towards cost and compensation.

2. The 1^st Opposite Party filed a statement. The sum up of the statement is as follows. The purchase of whirlpool refrigerator in capacity of 180 liters dated 21.3.2007 is admitted and it is sold by the 1^st Opposite Party to the complainant. The refrigerator became non functional within one year from the date of purchase. The warranty card was issued to the Complainant by the 1^st Opposite Party at the time of purchase. As per the terms of the company any repair arising out of the non function of the refrigerator the party has to approach the authorised service center J.S. Brothers B Street, Mananthavady. The 1^st Opposite Party kept up their responsibility. The refrigerator if to be repaired it is to be done by the authorised service center.

3. The 2^nd Opposite Party filed their version and in brief it is as follows. The complaint was reported on 03.03.2008 above one year after the purchase. As per the report the refrigerator alleged to have over consumption of electricity, the Complainant was given proper service upon their request. The reason for over consumption of electricity was due to over loading of the refrigerator with staking of cool drinks. Two days after this complaint it was reported that the refrigerator became non functional. On examination it was found that the compressor of the refrigerator was damaged due to voltage fluctuation. In order to repair the refrigerator, transportation charge Rs. 200/- was collected. The new compressor was replaced instead of the defective one. The refrigerator thus repaired with a new compressor was again damaged and it was known to the 2^nd Opposite Party that the Complainant's house is having high voltage of electricity which in turn damaged the refrigerator. The Complainant was advised to make use of voltage stabilizer in order to control the flow of excess voltage. There is no defect in the manufacture of the refrigerator. The Complainant is not entitled for any relief as prayed for and the complaint is to be dismissed.

4. Points in consideration are.

1. Whether any deficiency is there on the part of the Opposite Parties?

2. Relief and cost.

5. Point No.1: The Complainant filed affidavit swearing their allegations. Ext.A1 to A3 and C1 are marked on their side. The 1^st Opposite Party has not tendered any evidence apart from filing version. The 2^nd Opposite Party is represented by the dealer and filed the affidavit swearing the contentions, Exts.B1 to B3 are marked supporting their contention.

6. The case of the Complainant is that the refrigerator purchased from the 1^st Opposite Party became non functional within the warranty period. The replacement of compressor could not make the equipment functional. The defect was in continuity and the complaint could not make use of the refrigerator.

7. The Opposite Party admitted the defect the 1^st Opposite Party has not tendered any oral evidence instead admitted the sale and defects of the refrigerator. According to the 2^nd Opposite Party the defect of the compressor was because of the flow of high voltage. In the oral testimony of the 2^nd Opposite Party it is admitted that the compressor of the refrigerator was repaired within the warranty period and again it became defective. The non function of the refrigerator was in continuity Ext.A3 is the installation report of 4 years apart from warranty of one year for the entire instrument from the date of purchase. The defect of the refrigerator herein cannot be rectified either by replacement of any components or by any repair. The report of the Commissioner Ext.C1 the refrigerator is in consumption of 6 Am's of electricity when it is in function. Normally the consumption of electricity is to be 1.2 Am's. It is also reported that in order to control the flow of electricity the Complainant was in use of voltage stabilizer. The contention of the Opposite Party is that the Complainant was not in use of any gadget to restrict the flow of energy is baseless. The non issuance of a new refrigerator in the place of the defective one is a deficiency in service and the point No.1 is found accordingly.

8. Point No.2:- According to Ext.C1 the price of the refrigerator in the same capacity at present it is Rs.9,700/-. The report also submit that the refrigerator was used by the Complainant only for a few days and even after replacement of the certain components the defect of the instrument is in persistent. The Complainant is to be replaced with a new refrigerator of the same capacity along with cost and compensation.

In the result, the complaint is allowed. The Opposite Parties are directed to give the Complainant a refrigerator of the same brand and in same capacity. The Opposite Party is also entitled to take back the old and defective refrigerator which is in the custody of the Complainant. This is to be complied jointly and severally by the Opposite Parties within one month from the date of receiving this order.

Pronounced in open Forum on this the day of 25^th February 2009.

PRESIDENT: Sd/-

MEMBER- I: Sd/-

MEMBER-II: Sd/-

A P P E N D I X-

Witnesses for the Complainant:

PW1. C. Hassan Complainant.

Witnesses for the Opposite Party:

OPW1. Jayarajan A.C. Mechanic.

Exhibits for the Complainant:

A1. Invoice No.2306. dt:21.03.2007.

A2. Invoice No.2307. dt:21.03.2007.

A3. Installation Report.

C1. Commission Report. dt:14.01.2009

Exhibits for the Opposite Party:

B1. Copy of Complaint. dt:18.04.2008.

B2. Copy of Identity Card

B3. Copy of Service Request.