By Sri. Chandran Alachery, Member:
The complaint is filed under section 12 of Consumer Protection Act for an order directing the Opposite Parties to refund the cost of refrigerator Rs.19,500/- and also direct the Opposite Parties to pay a compensation of Rs.10,000/- to the Complainant.
2. Complaint in brief:- The Complainants No.1 and 2 purchased a Refrigerator model No.LGRF G2-B 252VM of 240 litres from the 1st Opposite Party on 28.03.2014. The price of Refrigerator is Rs.19,500/- and the 1st Opposite Party issued cash receipt. The Complainants purchased the Refrigerator believing the words of the 1st Opposite Party that the refrigerator is of good quality and performance. The 2nd Opposite Party is the manufacturer and 3rd Opposite Party is the service centre. But when the fridge is working there is too much sound from the fridge and the Complainants informed this problem to the 1st Opposite Party. The 1st Opposite Party asked the Complainants to meet the 3rd Opposite Party. When approached the service technician came to the house of the Complainants and inspected. The technician informed the Complainants that the sound is a normal sound and if there is disturbance asked the Complainants to shift the fridge to the work area. The fridge is having somany other complaints like, water is there in the inter part of the three sides of freezer, freezer door is always wet less cooling etc. The 1st and 3rd Opposite Party not cared of it even if complaint is made. There is no proper service from the part of 3rd Opposite Party. The fridge is having one year warranty. Aggrieved by this, the complaint is filed.
3. On receipt of complaint, notices were issued to the Opposite parties and notices served to the Opposite Parties. The 1st Opposite party appeared before the Forum and filed version. Opposite Parties No.2 and 3 were set exparte. In the version of 1st Opposite party, Opposite Parties stated that the 1st Opposite Party sold the refrigerator with company warranty of one year. There is no offer as regard to the good quality by 1st Opposite Party. The sound of the compressor while working in regular interval is a common phenomenon is all refrigerator and it is not a complaint. There is no excess sound . The manufacture is liable and responsible for the same. The service is also is done by manufacture through its service person. This 1st Opposite Party is only sales point and if manufacturing defect or other defects are there, it is to be handled by the 2nd and 3rd Opposite Party only for which 1st Opposite Party is not responsible.
4. On perusal of complaint, version and documents, the Forum raised the following points for consideration.
1. Whether there is deficiency of service from the part of Opposite parties?
2. Relief and cost.
5. Point No.1:- The Complainant filed proof affidavit and is examined as PW1 and documents are marked as Exts.A1 and A2. The Commission report is marked as Ext.C1. The 1st Opposite Party not adduced any oral evidence and not cross examined the complainant. The Ext.A1 is the cash bill and Ext.A2 is the owner's manual and warranty card. The Commissioner inspected the refrigerator and filed report. In Ext.C1 report, the Commissioner stated that unusual sound is there in the refrigerator while it was working. When the compressor is starting work, there is big sound and shake which is also unusual. There is some moisture outside the freezer, so by going though the Ext.C1 report, it is evident that there are defects in the functioning of refrigerator. According to the Complainant, the service persons not properly attended the problem and cured it. It is up to the 2nd and 3rd Opposite Party deny all the allegations of the complainant. But 2nd and 3rd Opposite Parties were exparte. 1st Opposite Party is only a sales point and they directed the Complainant to contact 3rd Opposite Party. So by analysing the entire evidences, the Forum found that there is deficiency of service from the part of 2nd and 3rd Opposite Parties. Point No.1 is found accordingly.
6. Point No.2:- Since point No.1 is found against 2nd and 3rd Opposite Parties, 2nd and 3rd Opposite Parties are liable to pay cost and compensation also to the Complainant.
In the result, the complaint is partly allowed and the 2nd and 3rd Opposite Parties are directed to pay Rs.19,500/- (Nineteen thousand five hundred) only being the price of the refrigerator to the complainant with 12% interest from 28.03.2014 till payment. The 2nd and 3rd Opposite Parties are also directed to pay Rs.5,000/- (Rupees Five thousand) only as compensation and Rs.2,000/- (Rupees Two thousand) only as cost of the proceedings. The Complainant shall give back the defective refrigerator to the 2nd and 3rd Opposite Parties on receipt of the above amounts from 2nd and 3rd Opposite Parties. The 2nd and 3rd Opposite Parties shall comply the order within 30 days from the date of receipt of this order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 3rd day of June 2015.
Date of Filing:24.07.2014.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
Nil.
Witness for the Opposite Parties:
Nil.
Exhibits for the complainant:
A1. Retail Invoice. dt:28.03.2014.
A2. Owner's Manual.
C1 Commission Report. dt:10.10.2014.
Exhibits for the opposite Parties.
Nil.
