Sri. Jacob Stephen (President): The complainant has filed this complaint against the opposite parties for getting a relief from this Forum. 2. The brief facts of the complaint is as follows:- The complainant had purchased a refrigerator Model No.FT 245, Colour-Red on 3.1.2007 for Rs.11,500/-manufactured by the 2nd opposite party from the 1st opposite party. The said refrigerator has not been functioning satisfactorily from the 1st day onwards. The complaint regarding the defects of the refrigerator has been informed to the 1st opposite party and on getting the complaint, the technicians of the opposite parties came to the house of the complainant and replaced the Compressor, Timer DLP, KNF Heater etc. Even after the said repairs, the refrigerator is not working properly. Again the complainant informed about the complaint of the refrigerator. After that, one representative from the 2nd opposite party came to the house of the complainant and checked the refrigerator and informed the complainant that the said refrigerator has some manufacturing defects and hence it will be replaced with a brand-new refrigerator. But even after a long period, the opposite parties have not replaced the refrigerator as promised by them, which is a deficiency of service. Therefore, the opposite parties are liable either to replace the refrigerator or to return the cost of the refrigerator. Hence this complaint is filed by the complainant for getting an order from this Forum against the opposite parties for getting back the cost of the refrigerator along with compensation of Rs.10,000/- for the complainant’s mental agony with a cost of Rs.5,000/-. 3. The opposite parties were served with notice of this complaint. Notices were accepted by the opposite parties. But they have not appeared or filed their version. Hence they were declared exparte. 4. On the basis of the averments in the complaint, the following points were raised for consideration: 1. Whether the complaint is maintainable before this Forum? 2. Whether the complainant is entitled to get a relief as prayed for in the complaint? 3. Relief and Costs? 5. The evidence of this case consists of the oral evidence of the complainant who has been examined as PW1 and the documents produced by him which are marked as Exts.A1 and A2 on the basis of the proof affidavit filed by the complainant. Since the opposite parties are exparte, the evidence of this case was closed and the complainant was heard. 6. Point No.1:- The complainant is a consumer of the opposite parties and the dispute is a consumer dispute. Hence this complaint is maintainable before this Forum. 7. Points 2 & 3: The complainant’s case is that he had purchased a refrigerator from the first opposite party manufactured by the second opposite party for an amount of Rs.11,500/- on 3.01.2007. The newly purchased refrigerator was not functioning properly. He made complaint to the opposite parties who sent technicians to the complainant’s house. The technicians after checking the refrigerator replaced the compressor, Timer DLP, KNF Heater etc. Even after the said repairs, the said refrigerator was not functioning properly. The complainant again made complaints to the opposite parties. On the basis of the said complaint, a representative from the second opposite party came to the complainant’s house and checked the refrigerator and informed the complainant that the refrigerator is having some manufacturing defects and he promised that this refrigerator will be replaced with a brand new refrigerator. But the opposite parties have not replaced the defective refrigerator with a brand new refrigerator as promised by them. The acts of the opposite parties are clear deficiency of service, which caused mental agony and other inconvenience to the complainant. So the complainant is entitled to get Rs. 11,500/- being the cost of the refrigerator and Rs.10,000/- as damages for the mental agony and Rs.5,000/- as cost of proceedings. This complaint is filed for getting an order for realising the aforesaid amounts from the opposite parties. 8. In order to prove the case of the complainant, the complainant had filed a proof affidavit along with 2 documents. On the basis of the proof affidavit and the depositio0n, the complainant has been examined as PW1 and the documents produced were marked as Exts.A1 to A2. Ext.A1 is the cash bill dated 3.01.2007 issued by the first opposite party showing the purchase of the refrigerator from the first opposite party and payment of the cost of the refrigerator. Ext.A2 is the Instruction Manual of the second opposite party in respect of the refrigerator purchased by the complainant. 9. On a perusal of the materials on record, it is seen that the complainant had purchased a refrigerator from the first opposite party manufactured by the second opposite party for an amount of Rs.11,500/-. The said refrigerator was not working properly and had some manufacturing defects. The defective refrigerator was not replaced by providing a brand new refrigerator as promised by the opposite parties. The allegation of the complainant stands proved unchallenged. This is a clear deficiency of service from the part of the opposite parties, which caused loss and sufferings to the complainant, and the opposite parties are jointly and severally liable for their deficiency of service. Therefore, this complaint is allowable with compensation and cost along with cost of the refrigerator. 10. In the result, this complaint is allowed, thereby the opposite parties are directed to pay an amount of Rs.11,500/- (Rupees Eleven thousand and five hundred only) being the cost of the refrigerator with interest at the rate of 9% per annum from the date of filing this complaint till this date with a compensation of Rs.1,000/- (Rupees One thousand only) and cost of Rs.1,000/- (Rupees One thousand only) to the complainant within two months from the date of receipt of this order, failing which interest at the rate of 12% per annum for the amounts so awarded will follow till whole payment. The complainant is directed to return the old refrigerator to the opposite parties on getting the amounts awarded by this Forum. Pronounced in the Open Forum on this the 10th day of November, 2008. (Sd/-) Jacob Stephen, (President) Smt. C. Lathika Bhai (Member) : (Sd/-) Sri. N. Premkumar (Member) : (Sd/-) Appendix: Witness examined on the side of the complainant: PW1 : Alexander Abraham. Exhibits marked on the side of the complainant: A1 : Cash bill dated 3.01.2007 issued by the first opposite party. A2 : Instruction Manual of the second opposite party in respect of the refrigerator purchased by the complainant. Witness examined on the side of the opposite parties : Nil. Exhibits marked on the side of the opposite parties : Nil. (By Order) Senior Superintendent
......................Jacob Stephen
......................LathikaBhai
......................N.PremKumar | | 
