Per Smt T. Suneetha, Member:-

2.   In brief the averments of the complaint are hereunder:

        The complainant purchased L.G. Refrigerator Model No.285FEG5 with bill No.5243 by paying Rs.14,500/- on 23-02-2011 from the opposite party.  The said refrigerator did not give proper cooling to the contents placed inside for the purpose of preservation and failed to make ice cube.  The deep freeze failed to preserve ice creams even from the date of installation.  The complainant gave complaints number times and the opposite party’s service men used to rectify the said defect temporarily but not permanently.  The complainant gave a complaint to the opposite party on 23-01-12 vide No.120123014143 about the said defect.  The opposite party sent serviceman and received the refrigerator and send the same after one week to the complainant.  Even after repairing the said refrigerator did not work properly all items more particularly milk products.  The same situation repeated.  The opposite party received the said piece number of times but they are unable to rectify the defects.  Over and above on account of repeated transportation they made number of scratches on the refrigerator which looked ugly in appearance.  The complainant demanded the opposite party to replace the defective refrigerator with a new one for which opposite party promised orally to replace with new one but postponed the same with one reason or the other.  The said refrigerator is having manufacturing defect.  The opposite party deliberately sold the defective refrigerator with warranty which amounts to deficiency of service.  The complainant suffered great inconvenience and subjected to mental agony.  Hence the complaint. 

3.      Opposite party filed its version which is in brief as follows:

        This opposite party humbly submits that the complainant being business man and having thorough knowledge about the instructions of the manual delivered to the complainant at the time of the sale of the refrigerator.  It is also clear from the contents of the complainant that he had complained about the defect to the company toll free number on 23-01-12 and complaint is registered under No. 120123014143 and the said complaint is no way connected to this opposite party as the complainant had directly contacted the company service call centre.  In view of the same if any manufacturing defect will arose it is the out look of the manufacturer to rectify the same to the satisfaction of the consumer.  In the instruction manual also the toll free number is given in the front page and based on that the complainant gave complaint.  If the said service centre is made a party the truth of the repair attended to the complainant will be noticed as this opposite party never touches the repairing aspect of the product as they have no technical knowledge.    

4.     Both the parties filed their respective affidavits.  Exs.A-1 to A-4 were marked on behalf of the complainant and no documents were marked on behalf of the opposite party. 

5.      Now the points that arose for consideration in this          complaint are:      

        1.  Whether the repairs occurred for the refrigerator purchased

             by the complainant are within the warranty period?

        2.  By whom the warranty to the alleged refrigerator             

             was given?

        3.  Whether the opposite party committed deficiency of

     service?

4.  To what relief the complainant is entitled to?

6.      POINT NO. 1:-  The complainant purchased refrigerator on 23-02-11 from the opposite party.  As per the complaint the refrigerator got frequent repairs which were reported to opposite party and repairs were carried on to it by the opposite party. The complainant gave complaint through the toll free number on 23-01-12.  The warranty give by the opposite party was upto one year.  The said repairs are within the warranty period.  The following passage extracted from the warranty card i.e. Ex.A-2 is given under for better appreciation. 

The L.G. refrigerator comes with 1+4 year warranty, from the date of purchase, that comprises of a 1 year warranty on all parts (except Light bulb, consumables, loose plastic parts, glass) in the first year and thereafter a 4 year additional warranty on the compressor, from the date of purchase of the product, provided always that the warranty card bears the rubber stamp, date and signature of our Authorized Dealer. 

7.      POINT NO. 2:-  The warranty card Ex.A-2 was affixed with the stamp of the opposite party.   The following portion of the terms and conditions confine the opposite party’s responsibility. 

Terms & Conditions :- 

1.Repairs & replacements will be carried out by the dealer from whom the product has been purchased,, or through the Authorized Service Centers of LGEIL. 

The above passage of the warranty card revealed that the repairs and replacements will be carried out by the dealer from whom the product is purchased or through the Authorized Service Centers of LGEIL.  Being the Dealer of the product in complaint the opposite party is responsible for the repairs and replacement of the said product.  

8.      POINT NO. 3 :-  The installation/demo reports of customer copy and ASC copy of the warranty card i.e. Ex.A-2 is not filled by the opposite party.  Those reports are to be filled by the opposite party personnel at the time of installation of the product in the complainant’s house.  In these circumstances adverse inference can be drawn that the opposite party was negligent while delivering the product to the complainant.  It appears that opposite party delivered a defective piece to the complainant.  Thus the opposite party committed deficiency of service.  The point is answered in favour of the complainant.   

9.      POINT NO. 4 :   Since, the subject refrigerator was defective and there is deficiency on the part of opposite party, the opposite party is liable to compensate the complainant.  The complainant is entitled to receive compensation and costs from opposite party.     

10.    In the result, the complaint is partly allowed as indicated below:

1. The opposite party is directed to repair the refrigerator covered under Ex.A-1 within four weeks or replace it if repair is not possible.

2. The opposite party in the alternative are directed to pay Rs.14,500/- (Rupees Fourteen thousand five hundred only) in case of their failure either to rectify or replace the said refrigerator within the above said period within two weeks thereafter failing which it carries interest @9% p.a., from the date of order till realization.  

3. The opposite party is directed to pay Rs.2,000/- (Rupees two thousand only) towards compensation.

4. The opposite party is directed to pay Rs.1,000/- (Rupees one thousand only) towards costs.

5. The clauses 3 and 4 of the above order shall be complied within a period of six weeks from the date of receipt of copy of the order.

Typed to my dictation by Junior Stenographer, corrected by us and pronounced in the open Forum dated this the 30^th day of August, 2012.

MEMBER                                  MEMBER                                  PRESIDENT

APPENDIX OF EVIDENCE

DOCUMENTS MARKED

For Complainant:

For opposite parties:   NIL

 PRESIDENT