1.                     The brief facts of the case of the complainant is that he purchased a Samsung Refrigerator Model 1914 BCABX for Rs.12, 800/- from OP.1 vide Money Receipt No.7787 dt.25.12.2014 and after 3 months of its use the refrigerator developed some inherent  defects in electrical system and got heated abnormally while in use.  It is submitted that the fact was intimated to OP.1 and in spite of assurance to send a mechanic, the OP did not take any further step and finding no alternative the complainant delivered the defective refrigerator to OP.1 on 22.4.2015.  It is further submitted that as the OP.1 did not take any step, on 23.11.2015 the complainant sent a letter to OP.1 calling upon him either to rectify the defect or replace the defective refrigerator with a new one or to refund its cost but the OP.1 remained silent.  The OP.2 being the manufacturer also did not take any step.  Thus alleging deficiency in service and defect in goods he filed this case praying the Forum to direct the Ops either to replace the defective refrigerator with a new one or to pay Rs.12, 800/- along with Rs.60, 000/- towards compensation and costs to the complainant.

2.                     The Op No.1 in spite of valid notice neither filed counter nor participated in the proceeding in any manner.  The OP.2 filed counter with preliminary objection that the allegation of manufacturing defect in the refrigerator is not supported by any expert opinion in the form of evidence and deficiency in service is not being established against the Ops.  It is submitted that if a customer has genuine problem, the Company has no problem in redressing the same but the complainant is to prove that the refrigerator bears manufacturing defect.  The Op.2 submitted that there is no such major defect in the refrigerator as alleged by the complainant and he has filed this case without any proper justification.  Thus denying any manufacturing defect in the refrigerator or any deficiency in service on their part, the OP prayed to dismiss the case of the complainant.

3.                     The complainant has filed certain documents in support of his case.  Heard from the A/Rs for complainant as well as the OP.3 and perused the materials on record.

4.                     In this case, purchase of Samsung Refrigerator of Model 1914 BCABX for Rs.12, 800/- vide Invoice No.7787 dt.25.12.2014 by the complainant from OP No.1 is an admitted fact as because the complainant in support of above purchase has filed copy of retail invoice issued by OP.1 for Rs.12, 800/- and the OP.3 has not challenged the said document.   The complainant stated that within 3 months from the date of purchase, the refrigerator developed some inherent problems in electrical system and got heated abnormally while in use and after few days the refrigerator stopped working.  On intimation of the fact to OP.1, it did not take any step in spite of assurances to depute a mechanic to see the problems.     On 22.4.2015 the complainant delivered the defective refrigerator to OP.1 for repair but nothing has been done by OP.1.  Further the complainant has issued a registered letter dt.23.11.2015 to OP.1 requesting him either to rectify the defect or replace the defective refrigerator with a new one or to refund its cost but the OP.1 neither repaired nor preferred to reply to that letter.

5.                     Perused the copy of letter dt.23.11.2015 of the complainant addressed to OP.1.  The OP.1 has received the letter of the complainant on 27.11.2015 as ascertained from the AD of that letter available on record.  The OP.1 in spite of valid notice did not prefer to participate in this case.  In absence of counter and participation of OP.1, the allegations of the complainant remained unchallenged.  Further the OP.1 also did not reply to the registered notice of the complainant.  The OP No.2 in its counter did not spell a single word regarding present status of the alleged refrigerator.

6.                     It is seen that the defect in the refrigerator was noticed within 3 months from the date of purchase.  The defective refrigerator was handed over to OP.1 (dealer) on 22.4.2015.  As such the refrigerator did not function well within its warranty period and it was the duty of the Ops to bring the refrigerator into working condition as per warranty condition.  Non repairing of the refrigerator speaks a volume about the credence of the goods sold to the complainant.   From the above discussions, it can be safely held that the Ops have sold a defective refrigerator to the complainant and the same is lying with OP.1, the present status of which being known to the Ops.  Thus the complainant has suffered and he is certainly entitled to get back the cost of the refrigerator at Rs.12, 800/- with interest @ 12% p.a. from the date of purchase.  Further due to such inaction of the Ops, the complainant must have suffered some mental agony and has filed this case incurring some expenditure for which he is entitled for some compensation and costs.  Considering the sufferings of the complainant we feel, a sum of Rs.3000/- towards compensation and costs in favour of the complainant will meet the ends of justice.

7.                     Hence ordered that the complaint petition is allowed in part and the Ops being jointly and severally liable are directed to refund Rs.12, 800/- towards cost of refrigerator with interest @ 12% p.a. from 25.12.2014 and to pay Rs.3000/- towards compensation and costs to the complainant within 30 days from the date of communication of this order.

(to dict.)