BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

            Dated this the 25^th day of September 2017

                                                                                                Filed on : 06.06.2017

PRESENT:

Shri. Cherian K. Kuriakose,                                                 President.

Shri. Sheen Jose,                                                                 Member.

Smt. Beena Kumari V.K.                                                      Member.

                        CC.No.216/2017

                                               O R D E R

Sheen Jose, Member

1.  The case of the complainant is as follows:

The complainant had purchased a Whirlpool refrigerator 480 L from the 2^nd opposite party on 22-04-2010 for Rs.37,000/-.  The refrigerator of the complainant became defunct since November 2016 onwards and the matter was brought to the notice of the 2^nd opposite party. A technician from the service centre of the 1^st opposite party inspected the fridge and informed the complainant that the panel board has to be replaced.  After some days, the service centre people informed the complainant that the panel board is not available with them due to the fact that the manufacturer has withdrawn the particular model from the market, thereby the complainant has been deprived of the refrigerator facility ever since November 2016.  The opposite parties are duty bound to provide the parts of the product sold by them.  The failure on the part of the opposite parties to provide the spare parts of the disputed refrigerator in time which caused to deficiency in service to the complainant.  Thus, the complainant is before us seeking direction to the opposite parties to refund the price of the disputed refrigerator of Rs.32,000/- along with  interest @12%p.a. from the date of its  purchase till realization and he is also seeking compensation to the tune of Rs. 20,000/- and costs of the  proceedings. Hence the complaint.

2. Despite service of notice from this Forum the opposite parties opted not to contest the matter for their own reasons.  Proof affidavit has been filed by the complainant and Exbt. A1 was marked on his side.  Heard the Counsel for the complainant.
3. Issues came up for considerations are as follows:

1. Whether the complainant has proved any deficiency in service or unfair trade practice on the part of the opposite parties?
2. Whether the complainant is entitled to get refund the price of the disputed refrigerator along with interest from the opposite parties?
3.  Whether the opposite parties are liable to pay compensation and costs of the proceedings to the complainant?

4)     Issue Nos. (i)  and  (ii). 

     According to the complainant he had purchased a Whirlpool refrigerator 480 L from the 2^nd opposite party on 22-4-10 at a price of Rs. 37,000/- which was manufactured by the 1^st opposite party as evidenced by Exbt. A1 retail invoice.   The above said refrigerator showed some defects from November 2016 onwards, subsequently the same became defunct.  Hence, the complainant approached the 2^nd opposite party for rectifying the defects.   The technician of the 1^st opposite party also inspected the fridge and informed the complainant that the panel board of the refrigerator was defective and it has to be replaced.  After few days, the service centre people informed the complainant that the spare parts of panel board were not available with them due to the fact that manufacturer had withdrawn that particular model from the market. The complainant stated in his complaint that he has been deprived of the facility of the refrigerator from November 2016 onwards.

5)      In this case, the disputed refrigerator became defective from November 2016 onwards and the opposite party denied service due to the reasons stated that the manufacturer had already withdrawn the particular model of the refrigerator from the market and hence the parts were not available.  The above said act of the opposite parties amounted to deficiency in service and unfair trade practice on their side.  It is to be noted that complainant had purchased the above said disputed refrigerator on 22.04.2010.  After six years of its purchase, the same became defective and the opposite parties did not do anything to cure the defects and they simply denied the service due to the reasons stating parts were not available in the market. We are of the opinion that the opposite parties are duty bound to provide the necessary parts of their products sold by them at least for a period of 15 years.  We find that the non-availability of the parts of their products within 6 years of its purchase amounted to not only deficiency in service but also unfair trade practice on their part. In this case, the opposite parties are liable to compensate the complainant for the deficient service and unfair trade practice happened on their side.  We direct that the opposite parties shall refund the value of the refrigerator after deducting depreciation for the period of use of the refrigerator by the complainant. The complainant had used the disputed refrigerator for a period of six years without any defects. We think that a deduction of depreciation of 40% of the value of the refrigerator is justifiable in this case.  Therefore, Rs.14,800/- being 40% of the value of the refrigerator is deducted from value of the refrigerator of Rs. 37,000/- and the balance amount of Rs. 22,200/- shall be paid to the complainant. 

6)      Issue No. (iii)

Having found issue Nos. (i) and (ii) in favour of the complainant, the complainant had suffered a lot of inconvenience and mental agony, hardships and financial loss due to the negligence in service on the part of the opposite parties which calls for compensation and costs of the proceedings. We estimate an amount of Rs. 2,000/- towards compensation and Rs. 1000/- towards costs to subside the grievance of the complainant.

7)      In the result, we partly allow the complaint and direct as follows:

1. The 1^st and 2^nd opposite parties shall jointly and severally pay Rs.22,200/- towards refund the value of the refrigerator which is after deducting the depreciation of Rs. 14,800/- and the complainant shall return the disputed refrigerator to the opposite parties on payment of Rs.22,200/-.
2. The 1^st and 2^nd opposite parties are jointly and severally pay Rs. 2,000/- towards compensation and Rs.1,000/- towards costs to the complainant.

The order shall be complied with, within a period of 30 days from the date of receipt of a copy of this order.

Pronounced in the open Forum on this the 25^th day of September 2017.

                                                    Sd/-Sheen Jose, Member

   Sd/-Cherian K. Kuriakose, President

        Sd/-Beena Kumari V.K., Member

Forwarded by Order

Senior Superintendent

Date of Despatch                 :

                 By Post                ::

By Hand              :

                                      APPENDIX

Complainant’s Exhibits:

Opposite party’s Exhibits     :         Nil