1.                The present complaint under section 12 of the Consumer Protection Act, 1986 (hereinafter in short called as the ‘Act’) has been filed by the complainant alleging therein that he purchased a Samsung CBU Refrigerator from the OP No.1 on 11.04.2014 in a sum of Rs.40,000/-. On 18.05.2014, the said refrigerator started giving problems of cooling and ice was not being made by it. So, the complainant made complaint to the Ops and Engineer of the company repaired the refrigerator in question but the defect could not be rectified. Thus the complainant again approached the Ops  either to remove the defect of refrigerator or to replace it with new one but they did not  adhere to genuine request of complainant which is admittedly deficiency in service on the part of Ops. Hence the present complaint has been filed seeking relief as per prayer clause.

2.                Upon notice, OP No.2 appeared through counsel and instead of filing of written statement, the counsel for OP No.2 tendered a statement that Model of refrigerator in question  is not available with them and they are ready to  refund the purchase price of the refrigerator amounting to Rs.40,000/- as mentioned in the invoice dated 11.04.2014 to the complainant.

3.                On the other hand, the complainant has stated that he wants  the replacement of refrigerator  of the same Model  being within warranty period and he is not interested in taking the refund of the costs  of refrigerator in question which he paid to OP No.1 vide invoice dated 11.04.2014.

4.                After hearing contention of the parties to the complaint and going through the documents on record, we have come to the conclusion that there is no dispute between the parties regarding the purchase and defect of the product in question but company is ready to refund the invoice price of the refrigerator in question as the alleged Model of the refrigerator is not available with them whereas the complainant is not willing to take the refund amount rather raising demand for replacement of the alleged Model of refrigerator.  In this situation, we accept the  complaint and directs the OP No.2 to comply with the following directions within thirty days from the communication of this order:-

1. To replace the refrigerator in question with the new onehaving same Model & capacity and if the same modelis not available, then to refund the invoice value of the refrigeratorto the tune of Rs.40,000/- to the complainant alongwith interest @ 9% per annum from the date of filing of complaint till its realization.

2. Also to pay Rs.5000/- as cost of litigation.

    

                      Further the award in question/directions issued above must be complied with by the OPs within a stipulated period failing which all the awarded amounts  shall further attract interest @ 12% per annum for the period of default. So, the complaint is allowed in above terms.  Copies of this order be sent to the parties free of costs. File be consigned to the record room after due compliance. 

    

   Announced in open Court.  30.01.2015