BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT

C.C.No.416/2019   Filed on 16.11.2019

ORDER DATED: 29.01.2021

Complainant:

(Party in person)

Opposite parties:

ORDER

SRI. P.V. JAYARAJAN,  PRESIDENT:

1. The complaint filed under section 12 of Consumer Protection Act 1986.  The case of the complainant in brief is as follows:
2. The complainant on 28.08.2018 has purchased a three door Whirlpool 20807 ref d proton roy steel refrigerator from Sithara Traders which was manufactured by 1^st opposite party for a sum of Rs.23,080/-(Rupees Twenty Three Thousand Eighty).  As instructed by the dealer the complainant switched on the refrigerator after 8hours charging.  The refrigerator purchased by the complainant was having some material defects.  After one week from the date of purchase it is seen that the freezer was not properly functioning.  On noticing this defect the complainant contacted the toll free number of the manufacturer and registered a complaint.  after two days from the registration of complaint one technician from 2^nd opposite party who is the authorised service centre of 1^st opposite party came to the complainant’s house and verified the refrigerator and found that there is some problem with the door of the refrigerator and after doing some adjustment works the technician told the complainant that the problem is resolved by adjusting the door of the refrigerator and assured that if any problem still persists in future he requested to contact him.  Even after one week from the date of inspection by the technician the complaint with regard to the freezer was not resolved.  Hence this fact was informed to the same technician and after two days he came to complainant’s house and after verifying the refrigerator he told that there is a gap in the beading of the fridge door and advised the complainant to close the door of the freezer for a period of ten days with the lock and accordingly the complainant did so.  Even after performing all the acts as advised by the technician the problem with the refrigerator was continuing.  Again the complainant contacted the technician over phone and he advised that in order to rectify the defects the refrigerator is to be taken to the service station of 2^nd opposite party situated at Kaniyapuram.  On 08.12.2018 the refrigerator was handed over to the 2^nd opposite party and the same was acknowledged by a receipt issued by 2^nd opposite party which shows that the complaint was with regard to the timer of the refrigerator.  On 10.12.2018 the refrigerator was given back to the complainant with the copy of the job sheet which has an endorsement “door adjusted, ok”.  But the complaint of the refrigerator persisted even after that service.  Then the complainant again contacted the 2^nd opposite party and at that time 2^nd opposite party told the complainant that the defect is not a defect which cannot be rectified and promised that they will replace the refrigerator with a new piece provided the complainant gives the purchase bill to 2^nd opposite party.  Accordingly the complainant send the purchase bill to the 2^nd opposite party for the purpose of getting a new piece of refrigerator by way of replacing.  Subsequently on 01.02.2019 in a carriage vehicle a fridge was brought to the complainant’s house with a bill saying that the same is a new fridge obtained from the manufacturer for replacing the old one.  A bill was also handed over by the driver of that carriage vehicle to the complainant.  No representative of 2^nd opposite party has accompanied while the fridge was replaced.  After replacement of the new fridge for one week there was no problem.  But after one week it started producing some sort of sound and the same increased day by day.  When the complainant contacted the 2^nd opposite party it was informed that this sound is normal in the refrigerator model given to the complainant.  After four months it is noticed that the cooling effect of the refrigerator was decreasing.  Hence on 28.08.2019 onwards the functioning has become a total stand still.  Even though the complainant frequently contacted the 2^nd opposite party there was no response from their side.  Subsequently the complainant registered a complaint with the 1^st opposite party toll free number on 05.09.2019.  After that a technician from 2^nd opposite party came to the complainant’s house and verified the refrigerator and told that this is a complaint with regard to the timer of the fridge but even at that time the technician was not sure with regard to the exact problem of the refrigerator.  Subsequently the technician contacted somebody and as a result of which he stated that the coil of the fridge is not functioning and that was the reason for the complaint in the refrigerator.  It was also subsequently told that the gas is to be refilled.  The complainant is a person who purchased a new refrigerator and subsequently by way of replacing another new refrigerator was handed over to the complainant and throughout, those two refrigerators were having one complaint or the other and when he got informed with regard to the refilling of gas, he had a suspicion with regard to the quality of both the refrigerators.  All these problems were informed to the Care Manager of Whirlpool service operation support wing frequently and at last the opposite parties informed that they cannot replace the refrigerator again and they are ready to replace the defective parts of the refrigerator.  Inspite of all the efforts done by the complainant the opposite parties 1 and 2 have not taken care of the grievances of the complainant.  Hence the complainant was forced to file this complaint for redressal of his grievances.  According to the complainant he was running behind opposite party for a period of one and half years after purchasing a new refrigerator that too a globally manufactured by 1^st opposite party.  This has caused great hardship, financial loss and mental agony to the complainant and his family members.  Hence according to the complainant the opposite parties are liable to compensate the complainant for the sufferings and mental agony met by him after the purchase of refrigerator manufactured by 1^st opposite party.
3. After admitting the complaint notice was served to opposite parties 1 and 2.  Though opposite parties 1 and 2 received the notice they have not appeared before this commission on the date fixed for their appearance.  Hence opposite parties 1 and 2 were called absent and set exparte.  The complainant was examined as PW1 and Ext. A1 to A5 marked.  No oral or documentary evidence adduced by the opposite party. 

Issues to be considered:

1. Whether there is any deficiency in service or unfair trade practice on the part of the opposite party?
2. Whether the complainant is entitled for the reliefs claimed in the complaint?
3. Order as to cost?

4. The complainant filed affidavit in lieu of chief examination and Exts.A1 to A5 series marked on the side of the complainant.  Opposite parties were declared exparte.  There was no contra evidence adduced by the opposite parties.  Ext.A1 is the retail invoice issued by Sithara Traders dated 21.08.2018.  Ext.A1 is in respect of the purchase of Whirlpool 20807 ref d proton roy steel refrigerator for an amount of Rs.23,080/-.  Ext.A1 contains one seal showing cash was paid and another one showing that the article i.e. the refrigerator was delivered.  Ext.A2 is a collection note issued by 2^nd opposite party dated 08.12.2018 which proves that the complainant has handed over the refrigerator with door complaint to the 2^nd opposite party on 08.12.2018.  Ext.A3 is the job sheet dated 10.12.2018 issued by 2^nd opposite party after rectifying the complaint with regard to the door of the refrigerator.  Ext.A4 proves that on 25.01.2019 1^st opposite party has made a replacement with another refrigerator to the complainant.  Ext.A5 series are the e-mail communications between the complainant and representatives of 1^st opposite party.  Hence by giving oral evidence and producing Ext.A1 to A5 series the complainant has succeeded in establishing his case.  As there is no contra evidence available before this commission, this commission accepts the oral as well as documentary evidence given by the complainant.  From the evidence available before this commission it is crystal clear that the complainant and his family members have suffered a lot after purchasing a new refrigerator manufactured by the 1^st opposite party by paying a sum of Rs.23,080/-.  From the evidence available before this commission we find that there is deficiency and unfair trade practice on the part of the opposite parties 1 and 2.  We find that the opposite parties 1 and 2 are jointly and severally liable to compensate the complainant for the sufferings met by him after the purchase of a new refrigerator manufactured by 1^st opposite party.
5. In the result, complaint is allowed.  The opposite parties are jointly and severally directed to refund a sum of Rs.23,080/-(Rupees Twenty Three Thousand and Eighty) to the complainant.  The opposite parties are also directed to pay a sum of Rs.15,000/-(Rupees Fifteen Thousand) towards compensation to the complainant.  The complainant is also entitled for Rs.2,500/-(Rupees Two Thousand Five Hundred) towards cost of this proceedings.  The opposite parties are directed to pay the amounts mentioned above within 30 days from the date of receipt of this order failing which the entire amount except cost shall carry an interest @9% from the date of order till the date of payment/realisation.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 29^th day of January, 2021.

SL

C.C.No.416/2019

APPENDIX

1. COMPLAINANT’S WITNESS

2. COMPLAINANT’S DOCUMENTS

3. OPPOSITE PARTY’S WITNESS

4. OPPOSITE PARTY’S DOCUMENTS

5. COURT EXHIBITS

                                                                                       Sd/-

PRESIDENT

SL