Sri.J.S.N. Advocate filed power for Opposite party and counsel for opposite party offered to exchange the Refrigerator with a new one of the same brand for the same cost. The counsel appearing for the complainant submitted that the opposite party has caused deficiency in their service, therefore damages may be awarded for their deficient service. It is found that the problem in the refrigerator, arose within a short period of its purchase, purchase was made on 02.03.2008 and thereafter the problem was complained to the Opposite party, they admittedly attended to the problem thrice but to finding that the defect could not be corrected offered to exchange the refrigerator, and to send the defective one to the company and admittedly they told the complainant to return the refrigerator, but it appears that the complainant did not yield to respond, but got issued a legal notice, and then approached this Forum. The counsel for the complainant further submitted that the Opposite party has not responded to the legal notice. As the Opposite party found to had shown some interest in attending to the grievance of the complainant and even offered to exchange the new refrigerator with a old one we cannot find any such gross deficiency in the service of the Opposite party. Therefore we find it just to direct the Opposite party to replace the refrigerator with a new one of the same model and to award nominal damages. For which, the counsel for both the parties agree, therefore we pass the following order:-ORDERComplaint is allowed.The Opposite party is directed to replace the refrigerator with a new one of the same model and capacity at their cost and the complainant shall deliver back the old refrigerator to the Opposite party.The Opposite party is also directed to pay a total damages of Rs.2,000/-.The Opposite parties is further directed to replace the refrigerator with a new one within 7 days from 10.06.2008 and to pay the damages, failing which the Opposite party shall pay Rs.500/- p.m. from 10.06.2008 till the replacement of the refrigerator and payment of Rs.2,000/- with a caution to the Opposite party not to cause further deficiency in their service.