COMPLAINT FILED ON 24/06/2022

                                                                                             DISPOSED ON 23/12/2022

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHITRADURGA.

CC.NO:106/2022

DATED:23^rd December 2022

PRESENT: - Kum. H.N. MEENA, B.A., LL.B., PRESIDENT

                    Sri. G. SREEPATHI, B.COM., LL.B., MEMBER         

                    Smt. B.H. YASHODA, B.A., LL.B., LADY MEMBER

:ORDER:

Smt. B.H. YASHODA, B.A., LL.B., LADY MEMBER.

The above complaint has been filed by the complainant U/s 35 of the Consumer Protection Act, 2019 for seeking the relief of direct to the opponents to Award the compensation of Rs.50,000/- towards the loss of things, mental agony, pain and stress suffered to pay the compensation and to replace the new refrigerator to the complainant.

2. The brief facts of the complaint:

That stated by the complainant is a consumer and OP No.1 and 2 are sellers and the OP No.3 is the Manufacturer also service provider of Electronics Goods. On 31.01.2022 complainant has purchased a Godrej Refrigerator from the 1^st opponent for a valuable consideration sum of Rs.30,800-00/- (Thirty Thousand Eight Hundred only) Vide Invoice No.CHI-8602, Reference No.D5763 and on the same itself you the 1^st opponent has issued Warranty Card to complainant and delivered the said Appliance to the complainant. Thereafter the complainant use to start the said Appliance by storing the Vegetable, Milk and other things. And on the very next of it’s use the said Appliance started to detoriated and the Refrigerator was not properly Cooled, and the complainant immediately inform the 1^st opponent about the said defect and the 1st  opponent has stated complainant to approach the Technicians of Godrej Company. As such, complainant has approached the Technicians of the opponent No.3 and the said Technicians visited and inspected the said appliance and they stated that, “ Store the things again” accordingly complainant has stored the things again in the said Refrigerator, so far the said appliance again started to give defect and as such once again complainant has visited the 1st  opponent and again the Technicians of opponent No.3 have visited and inspected the said appliance, and requested the complainant to’ store the things, but the same defect occurred again and again and complainant repeatedly contacted the opponents and you sent your Technicians more than 10 times but no problem was set right inspite of repeated demands made by complainant and finally the Technicians have stated that, “The said Refrigerator is having Manufacture defect and it is impossible for them to set right the said defect” as such complainant has approached the 1st opponent and requested to replace the said Godrej Refrigerator but the 1^st opponent has not responded properly by giving evasive replies and dragging the matter on one or the other reasons and till today.

3. Complainant stated in the complaint, the opponent No.1 & 2 have sold the defective aforesaid appliance to complainant and the opponent No.3 has Manufacture the defective appliance as such you the opponents are jointly and severally liable to pay the compensation and damages to complainant, as he has suffered a lot Mental agony, Pain and Stress and loss of things worth about Rs.20,000/-, since from the date of purchase till today.

4. further stated that, the opponents have delivered the defective Refrigerator with an ulterior to have a wrongful gain for themself and thus cause a wrongful loss to complainant and the very act of opponents clearly goes to show that how they have committed deficiency in discharging their duties towards a consumer which is opposed to principals of Public Policy and Natural justice. Further that on 21.05.2022 the complainant has got issued Legal Notice to opponent No. 1 to 3, but the OPs have not given any reply. The same is within the jurisdiction of this commission. Hence, filed this complaint.

5. After registered the complaint, the Hon’ble Commission has issued Notice to opponents and it were duly served to the opponents 1 to 3, but they are kept absent and placed ex-parte on 05/09/2022.

6. The complainant got himself examined as P.W.1 by filling his Affidavit as a part of Examination-in-chief and documents Ex.A-1 to Ex.A-7 were got marked and closed their side evidence.

7. The complainant has oral Arguments through his Advocate. Arguments heard on complainant side.

8. The opponent No.1 to 3 are not appeared before this commission and not filed any version and not lead any evidence and nor written Arguments.  On perusal of the facts and documents of the complaint.

9. Now, the points that arise for our consideration for                   decision of above complaint are that:

1. Whether the complainant proves deficiency in service on the part of the OP’s?
2. Whether the complainant is entitled to the reliefs claimed in the complaint?
3. What Order?

10. Our finding on the above points are as follows:

1. Point No.1 and 2: Partly Affirmative
2. Point No.3 : As per final order

REASONS         

11. Point No.1 & 2: It is the case of the complainant that, the complainant has purchased a Godrej Refrigerator from the opponent No.1 and 2. Which is manufactured by opponent No.3, after making payment of cost of Rs.30,800/-.For the same opponent No.1 & 2, are issued Invoice along with warranty card. Hence he became a consumer, there after the complainant use to start the said Appliance by storing the Vegetable, Milk and other things. And on the very next of it’s use the said Appliance started to detoriated and the Refrigerator was not properly Cooled, and for the same he has issued Legal Notice to opponents on 21/05/2022, opponent No.1 to 3 are not given any reply. Afterwards complainant filed this complaint before this commission seeking prayer that to pass orders against opponents as prayed in the complaint and the complainant examined as PW-1 and documents marked Ex.A-1 to A-7. Ex.A-1 Invoice for having purchased Godrej Refrigerator, Ex.A-2 Warranty card, and other documents and the same were marked Ex.A-3 to Ex.A-7.

12. As per the Act section 2 (7) the complainant is a consumer, the complainant purchased a Godrej Refrigerator from the OP No.1 for a valuable considerations of Rs.30,800/-. After receiving refrigerator from OPs and start but, use the said appliance started to detoriated and the refrigerator was not properly cooled. The complainant immediately inform the 1^st opponent about the said defect and the 1st  opponent has stated complainant to approach the Technicians of Godrej Company of the opponent No.3. The said Technicians visited and inspected the said appliance and they stated that, “ Store the things again ” accordingly complainant has stored the things again in the said Refrigerator, so far the said appliance again started to give the said defect and as such once again complainant has visited the 1st  opponent and again the Technicians of opponent No.3 have visited and inspected the said appliance, and requested the complainant to’ store the things, but the same defect occurred again and again and complainant repeatedly contacted the opponents and you sent your Technicians more than 10 times but no problem was set right inspite of repeated demands made by complainant and finally the Technicians have stated that, “The said Refrigerator is having Manufacture defect and it is impossible for them to set right the said defect” as such complainant has approached the 1^st opponent and requested to replace the said Godrej Refrigerator. Further the OP’s Technician attended the work on several times, but not solved the problems and also the Hon’ble commission issue notice to OPs and obtained the notice but not appear before this Hon’ble Commission so placed exparte.  Hence, it shows that there is negligence and deficiency in service of OPs.

13. In view of the discussions above the complaint requires to be allowed in part against OP’s. Accordingly this Point No.1 and 2 held as partly affirmative.

14. Point No.3: As discussed on the above points and for the reasons stated there in we pass the following as per the points.

::ORDER::

        The complaint filed by the complainant U/s.35 of Consumer Protection Act, 2019 against the opponents are Partly allowed.

It is ordered that the OP’s are hereby directed to replace the same a Godrej Refrigerator with new one.

It is ordered that the OP’s are directed to pay compensation of Rs.5,000/- towards mental shock and mental agony of the complainant.

It is further ordered that, the OP’s   are hereby directed to comply the above order within 30 days from the date of this order.

        Communicate the order to parties.

(Typed directly on the computer to the dictation given to stenographer, the transcript corrected, revised and then pronounced by us on 23^th December 2022.)

     LADY MEMBER              MEMBER                    PRESIDENT

-:ANNEXURES:-

Witness examined on behalf of Complainant:

PW-1:- Sri Mujeeb Khan S/o Rehman Khan B.G., by way of affidavit    

           of evidence.  

Witness examined behalf of opponents:

Nil.

Documents marked on behalf of Complainant:

Documents marked on behalf of opponents:

Nil

LADY MEMBER                   MEMBER                    PRESIDENT

*GM