As per Hon’ble President Mr. Atul Alshi.

1.         The complainant filed complaint case against OP for defect in refrigerator purchased through OP No.2 and thereby  claiming price of refrigerator Rs.55,000/- alongwith compensation and cost of litigation.

2.         The complainant is Professor resident of Nagpur has purchased one Hitachi refrigerator on 17/11/2017 vide Invoice no. GSS-DH-2092. After purchase there was noise like helicopter intermittently in the refrigerator. The vegetable and fruit do not remain good even for a day, ice cream melts in freezer, formation of ice in the section and moisture. The complainant made several complaint with OP and also sent e-mail to OP on 06 April 2018 for non working of refrigerator. The commission called expert report from Govt. Industrial training institute vide order dtd.22/07/2022.  Govt. Industrial training institute, Nagpur filed report on 13/08/2022 the front door defective, as there is manufacturing defect, gasket door panel not lock easily, there is gap of 3 to 5 mm between upper and lower door. The heating coil is in non working condition.

3.               The OP No. 1 filed reply and denied allegations against it and submitted that the products manufactured by OP No.1 pass through stringent quality checks and test trials before the actual start of the commercial production and supply. The OP No. 1 provides good quality technicians after sales service through expert. The OP No. 2 is not an agent of OP No. 1 but merely a reseller of products manufactured by OP No.1. Therefore, OP No. 1 is not liable for any liability for the inaction for the part of OP No.2.  The compressor carries a warranty for a period of 10 years. As per warranty policy, if there is any problem with products the company shall repair at free of cost. The complainant made complaint for the first time in February 2018 after period of 15 months in respect of defect in refrigerator. On 08/02/2018 in respect of complaint The OP No. 1 rendered the essential services as per warranty policy. The complainant failed to file the proof of manufacturing defect in product in question. The relief sought by complainant beyond expressed terms and conditions of warranty. As per conditions of warranty replacement of product and refund is expressly excluded. Therefore there is no merit in present complaint and deserved to be dismiss with cost.

4.               The OP No. 2 absent though duly served. Case is proceed exparte against OP No.2.

5.               Complainant argued the case on merit at length. OP No. 1 and his counsel absent. After hearing of case the following points arose for consideration.

POINTS                                                     FINDINGS

1. Whether the complainant is consumer?                       Yes.
2. Whether there is deficiency in service on the part of OP 1? Yes.   
3.  What order?                                   As per final order.

                             REASONING

6.         Point No. 1 to 3 – The complainant purchased refrigerator which is manufactured by OP No. 1 and sold by OP No.2 on 17/11/2017 but it was not working properly and there was sound intermittently, vegetable and fruit not good even for a day. Therefore, made various complaint to OP and same defect could not removed by representative of OP No. 1 at several times. Thereafter the complainant issued legal notice on 06/04/2018 for replacement of refrigerator. As per report of Govt. Industrial training institute, Nagpur dtd.13/08/2022 complainant’s refrigerator has manufacturing defect when the defect is continue and un removable, un repairable in that case, It is necessary to replace the product. Non replacement of defective refrigerator of complainant after several requests to OP No. 1 it amount to deficiency in service. Therefore OP No.1 is manufacturer and liable to pay Rs.55,000/- towards cost of refrigerator alongwith Rs.5,000/- compensation with cost of litigation Rs.5,000/- to the complainant.

7.               OP No. 2 has no role in manufacturing defective product. Therefore no order is passed against OP No. 2. Hence, the following order.

                      ORDER

1. The complaint is partly allowed.
2. OP No. 1 is hereby directed to pay Rs.55,000/- to the complainant towards the cost of refrigerator and complainant shall handover her refrigerator to OP No. 2 who is dealer and seller of OP No. 1 after receipt of cost of refrigerator.
3. The No. 1 is to pay complainant Rs.5,000/- towards compensation and Rs.5,000/- towards cost of litigation.
4. No order is passed against OP No. 2.
5. Copy of the order shall be supplied to all the parties free of cost.