D.O.F:08/02/2019
D.O.O:05/11/2021
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.No.30/2019
Dated this, the 05th day of November 2021
PRESENT:
SRI.KRISHNAN.K :PRESIDENT
SRI.RADHAKRISHNAN NAIR.M : MEMBER
SMT.BEENA.K.G : MEMBER
T. Ahammed Kabeer
S/o.M.A. Hammabba
R/at M.A. Manzil
Near Thotty Junction, Kallingal, : Complainant
Kasaragod district
(Adv: Babuchandran.K)
And
The Proprietor
E – Planet, Electronic Store : Opposite Party
North Kottachery
P.O Kanhangad
Kasaragod District
ORDER
SMT.BEENA.K.G: MEMBER
This complaint is filed under section 12 of Consumer Protection Act.
The Complainant purchased one refrigerator of L.G make from Opposite Party’s shop on 06/08/2018 for an amount of Rs. 29,000/- believing the assurance of Opposite Party regarding prompt service and superior quality product. After some time complainant noticed a foul smell from the back side of the fridge. Complainant contacted Opposite Party to cure the defects, and one of the sales representative inspected the fridge and informed that expert from L.G only can rectify the defect, after continuous calls an executive from L.G came and inspected the fridge. After inspection executive informed that the defect will be rectified once if the existing articles in the fridge are replaced. Accordingly complainant cleaned the fridge and replaced all food articles. But the foul smell persisted.
Thereafter the complainant contacted the Opposite Party several times, but there was no response complainant bonafidly believes that the assurance given by Opposite Parties at the time of sale was false, and was only for the sake of sale. Due to the illegal trade practice and gross deficiency in service on the part of Opposite Party infailure to rectify the defects of fridge complainant suffered financially, physically and mentally. The act of Opposite Party reduced complainant’s self esteem before friends and relatives. Complainant issued a lawyer notice to Opposite Party demanding to replace the fridge with a new one and to pay a compensation of Rs. 20,000/- but Opposite Party neither replied nor complied. Hence this complaint seeking replacement of old fridge with compensation and cost.
The Opposite Party filed version admitting the purchase of fridge by complainant from Opposite Party. According to Opposite Party after registering complaint in toll free number of L.G company, companies technician visited and found that the foul smell is due to keeping more non veg items openly in fridge(without vessals or covers) waste water from the fridge makes block inside and in valves of fridge. Companies’ customer care manager sri Unnikrishnan made spot visit and given proper directions to the complainant. Thereafter also company’s technician made spot visit and found that careless usage of the complainant causes foul smell. Complainant requested replacement of the product but L.G Company rejected the same. Allowing replacement is the responsibility of company. The opposite party is only a dealer neither complainant nor Opposite Party has taken steps to include L.G Company as Opposite Party No: 2.
Complainant filed proof affidavit in lieu of chief examination. Documents produced are marked as Ext A1 to A3.
The main questions raised for consideration are:-
- Whether Opposite Party cured the defects of the fridge property?
- Whether there is deficincy in service on the part of Opposite Party?
- Whether complainant is entitles for compensation? If so what is the relief?
For convenience issue No:1 and 2 can be discussed together
Complainant purchased an L.G refrigerator from the shop of Opposite Party on 06/08/2018 for Rs. 29,000/- Ext A1 series tax invoices Ext A2 is the lawyer notice dated 27/10/2018. After few months of purchase complainant noticed a foul smell from the back side of the fridge, he immediately contacted Opposite Party, one of the representative inspected the house and informed that only an expert from company can rectify the defects. The companies expert made spot visit and advice the complainant to keep non veg items in closed containers or vessals. Negligent usage of the fridge caused foul smell. Do not keep non veg items openly in the fridge.
Thereafter also faul smell continued. Complainant has not taken any steps to get an expert report regarding the reason of faul smell. Due to the foul smell from fridge complaint suffered mentally and emotionally. His self esteem lowered infront of family members and friends. The failure on the part of Opposite Party to rectify the defects during warranty period is gross deficiency in service and opposite party is liable to compensate the loss and agony suffered by the complainant. The prayer of the complainant is the replacement of fridge but in the absence of expert evidence we are not inclined to allow replacement of the fridge. In the absence of rebuttal evidence we holds that there is service deficiency on the part of the Opposite Party and a compensation of Rs. 5000/- is reasonable relief in this complaint. Hence the complaint is partly allowed directing Opposite Party to give compensation of Rs. 5000/- only.
In the result complaint is partly allowed directing Opposite Party to give Rs. 5,000/- (Rupees Five thousand only) as compensation
Time for compliance is 30 days from receipt of copy of this Judgement.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exhibits
A1- Tax invoice
A2- Lawyer notice
A3- Acknowledgment card
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
Senior Superintendent
Ps/
