This case is coming on for final hearing before us in the presence of Sri K.V.N.Thammanna Setty and Sri Swaroop Kumar Dwarapureddi Advocates for the Complainant and Sri P.Dhananjaya Rao, Advocate for the O.P. and having stood over for consideration the Forum made the following:-
O R D E R
AS PER SRI GANTA APPALA NAIDU,MEMBER
This complaint is filed U/s-12 of C.P.Act, 1986 seeking reliefs to pass award directing the O.P. to take back their refrigerator and also to pay a sum of Rs.1,16,000/- as cost of the refrigerator as per cash bill No.SE-171 dated 10.04.2014, to pay Rs.8,000/- towards cost of the fittings and accessories that are necessary for providing installation, to pay Rs.2,000/- towards transportation and handling charges from the showroom to the residence of the complainant and financial loss to her and a sum of Rs.50,000/- towards compensation for mental tension and agony caused to her along with costs of the complaint and such other or further reliefs as the Honourable Forum deems fit and proper in the interest of justice on the following averments:-
The complainant purchased a refrigerator of Samsung company Model 21HZLMR1 for Rs.1,16,000/- under bill No-SE-171 dated 10.04.2014 from the O.P. who is the authorized dealer for sale of the said refrigerator. The O.P. at the time of sale informed the complainant that they will install the refrigerator at her residence by sending their technicians who are skilled in installation, as the refrigerator is made basing on high definition technology and as per the conditions of the O.P. the complainant agreed to bear the transportation charges to transport the said refrigerator from O.P’s showroom to her residence and also to bear the cost of the fittings and accessories necessary for installation. The complainant also informed the O.P. that since the summer is very severe she is purchasing such a big refrigerator by paying such a huge price as it is having more storage capacity to keep water bottles and other thirst aid drinks to get relief from summer by herself, her family members and also for guests by believing the words of the O.P. that the cooling in the refrigerator will last for several hours even in the absence of power.
The complainant further submits that believing the words and promises made by the O.P. she took delivery of the said refrigerator by incurring Rs.2,000/- towards transportation along with labour charges to lift the big refrigerator from ground floor to 1st floor of her residence and also paid a sum of Rs.8,000/- towards the cost of the fittings and accessories necessary for installation and thus the complainant spent a total sum of Rs.1,26,000/- towards the cost of the refrigerator and other charges incurred as above.
It is also submitted by the complainant that since 10.04.2014 till date she could not make use of the services of the refrigerator as the men of O.P. have not installed the same in proper way even though the men said to be skilled technicians and attended several times at her residence by using the best of their knowledge and skill and though the complainant too provided all the requisites such as pipe line fittings etc., as stated by them. But the refrigerator did not function to it’s best or atleast to her minimum satisfaction. Finally the O.P. and his men failed to install the said refrigerator in the manner for which it was to. Therefore she states that the refrigerator did not start functioning since 10.04.2014 till date though she brought to the notice of the O.P. all the above facts. Due to the above problem her entire family members suffered a lot as it was severe summer and almost vexed with the non-functioning of the refrigerator but the O.P. paid a deaf year towards her. Apart from continuous persuasion with the O.P. since beginning and again on 19.06.2014, the O.P. did not hear her words more so given evasive replies which hurted her a lot and also caused lot of mental tension and agony. Therefore the complainant asked the O.P. to take back the refrigerator by refunding all the amounts what she paid to the O.P. The O.P. instead of giving her relief sought by her he annoyed and shouted at her like anything to quit from his showroom. Therefore the complainant got issued registered legal notice on 30.06.2014 stating all the above facts to the O.P. in response to which he sent his staff to the house of the complainant along with a machine and made some efforts to put the refrigerator to function but failed. They went away without saying anything to her and the O.P. too did not say anything to the complainant over phone or in person with regard to their attempt and also about functioning of refrigerator. Also the O.P. did not give any reply to the aforesaid legal notice got issued by the complainant. It is further submitted by the complainant that she being a house wife is ignorant of the scientific and technological know-how and where the fault lies and on whose part the fault lies with. The O.P. too did not inform her whether it is a mechanical defect or a manufacturing defect or is a defect due to lack of scientific and technological know- how. Since there is deficiency of service, negligence on the part of O.P, for non-functioning of the said refrigerator and also unfair trade practice on the part of O.P. this complaint is filed.
Written version was filed by the O.P. denying the allegations leveled by the complainant in the complainant except those which are specifically admitted therein and puts the complainant to strict proof of the same.
It is submitted by the O.P. that as per the records available, the authorized service center i.e. Sri Lakshmi Electronics had installed the Refrigerator on 11.04.2014 and gave a demo with which the complainant is satisfied. Further on 09.06.2014 they received another demonstration request vide No.4175379195 and when tried to contact the complainant there was an error in the phone No. and accordingly the call is cancelled but subsequently vide no.4175873968 dated 17.06.2014 received the complaint that the refrigerator is not working properly and immediately there upon the service center engineers of the Samsung Electronics India Private Limited from its authorized service centers attended the problem and the complaint alleged is the low water flow in the water dispenser provided in the refrigerator. Samsung Engineers having thoroughly examined the same found that the reason is with the water dispenser which is to be provided with an external water source. Since the external water source pressure from which the connection is provided by the complainant is insufficient, it caused the flow in the water dispenser to be low. The same is demonstrated to the complainant by fixing an external pump to the water inlet and on fixing the external connection, the flow of water is increased and the water dispenser was good. There after the external pump belonging to the service centre was taken away and the customer agreed that there is a defect in the water pressure. The service center also advised the complainant to purchase the pump from outside market to increase the inlet water pressure. It is further submitted by the O.P. that it is the responsibility of the complainant to provide the water inlet with sufficient pressure and the complainant having failed to do the same cannot maintain the complaint, since there is no deficiency of service on the part of O.P. or any manufacturing defect.
Exhibits A1 to A4 are marked on behalf of the complainant and no exhibits are marked on behalf of the O.P.
Heard arguments. Posted for orders. The orders are as follows:-
The counsel for both the parties advanced arguments vehemently by reiterating what they have stated in the complaint, counter, evidence affidavits and brief written arguments respectively.
Now the point for consideration is whether there is deficiency in service on the part of O.P. or there is any manufacturing defect in the refrigerator?
The main contention of the complainant is that believing the words and also the promises made by O.P. that the refrigerator is having more storage capacity to keep water bottles and other thirst aid drinks to get relief from summer by herself, her family members and also for guests and further that the cooling in the refrigerator will last for several hours even in the absence of power, she purchased the refrigerator with high definition technology but the O.P. and his skilled technical men have miserably failed since the said refrigerator did not function inspite of number of visits made by his men and number of requests made by the complainant to put the refrigerator to function as a result the complainant was subjected to financial loss, lot of inconvenience, hardship, financial loss and mental agony.
The main contention of the O.P. is that their skilled technicians visited the residence of the complainant several times and made efforts to put the refrigerator to function and ultimately found that the problem/complaint alleged is the low water flow in the water dispenser provided in the refrigerator since the Samsung engineers have thoroughly examined the same and told the complainant that the water dispenser is to be provided with an external water source as the external water source pressure from which the connection is provided by the complainant is in sufficient which caused the flow in the water dispenser to be low. Hence the same is demonstrated to the complainant by fixing an external pump to the water inlet and on fixing the external connection, the flow of water is increased and the water dispenser was good. Therefore the service center also advised the complainant to purchase external pump from outside market to increase the inlet water pressure since the service center took away their external pump after demonstration.
Perused the entire material placed on record and following are the vital factors to be taken into consideration:-
1)Since beginning that is from the date of purchase and installation of the refrigerator it did not start functioning.
2)As per the requisitions made by the complainant the technicians of the O.P. or the service center engineers of Samsung have been visiting the residence of the complainant and making efforts but they could not make the refrigerator to function.
3)Since it is told by the O.P. that the said refrigerator is made out of high definition technology envisaging to give additional facilities such as additional/more storage capacity and added advantage she being a house wife without knowing the technical knowledge preferred to purchase the said high cost refrigerator and also basing on the convincing words and promises made by the O.P.
4)The O.P. made some efforts to put the refrigerator to function but failed miserably.
5)If the O.P. or their technicians are right and genuine, they would have given reply to the legal notice got issued by the complainant.
6)The exact reason for the non-functioning of the said refrigerator being high cost item is not revealed to the complainant at any point of time but only at their final attempt that too not to the satisfaction of the complainant.
7)The O.P. too, prior to the sale of the refrigerator to the complainant did not know about the above “Water pressure and fixing of an external pump to the water inlet, which is known only belatedly from its manufacturers, which factors might have been brought to the notice of the complainant at the time of purchase itself so that she could have exercised better judgement but the complainant was experimented by the O.P. and his technical men in the process.
From all the above discussions, observations and conclusions we are of the considered opinion that the O.P. either directly or indirectly and knowingly or un-knowingly played fraud on the complainant by adopting unfair trade practice by not revealing the technical details or subsequent requirements necessary for installation of the refrigerator and its functioning and hence there is deficiency in service on the part of O.P. coupled with negligence as a result of which the complainant was subjected to financial loss, lot of inconvenience, hardship, suffering and mental agony.
In the result, the complaint is partly allowed directing the O.P. to rectify the defect in the refrigerator by addition of any parts required for its smooth and effective functioning to the entire satisfaction of the complainant or alternatively refund the total amount of Rs.1,26,000/- (Rupees One Lakh Twenty Six Thousand only) i.e. (cost of the refrigerator of Rs.1,16,000/-, Rs.2,000/- towards transportation and handling charges and Rs.8,000/- towards cost of the fittings and accessories by receiving back the said refrigerator). The O.P. is further directed to pay compensation/damages of Rs.5,000/- for causing mental agony, inconvenience, financial loss and hardship to the complainant. The O.P. is further directed to pay Rs.2,000/- towards costs of the complaint which includes advocate fee of Rs.1,000/-. This order shall be complied within one month from today.
Dictated to the Steno, transcribed by him, corrected by me and pronounced by us in the open Forum, this the 12th day of June, 2015.
MEMBER PRESIDENT
C.C.No.48 / 2014
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For complainant:- For opposite parties:-
PW 1 RW1 & RW2
DOCUMENTS MARKED
For Complainant:-
Ex.A-1 Cash Bill No.SE-171 on date 10.04.2014.
Ex.A-2 Registered legal notice got issued by the counsel of
the complainant, Dt.30.06.2014.
Ex.A-3 Registered post receipt, Dt.30.06.2014.
Ex.A-4 Acknowledgement card showing receipt of legal
notice, Dt.02.07.2014.
For OP’s –NIL-
President
