SRI. SAJEESH.K.P    : MEMBER

    The complainant has  filed this complaint  under Sec.35 of the Consumer Protection Act 2019,seeking  direction against  OPs to replace the Air conditioner and to install  another LG air conditioner free  from defects. The alternate  OPs are directed to pay Rs.28,700/-  towards the price of  air conditioner and  also pay Rs.50,000/- as compensation for the mental  agony.

 Complaint in brief :-

    On 16/8/2023, complainant a mixer grinder worth Rs.5650/- from  OP and the OP made complainant to believe that  product has  2 year warranty.  But , on6/1/2024 the product become non functional and the complainant approached   the OP to get his mixer grinder repaired which has warranty coverage.  To the  dismay of  the complainant, OP demanded Rs.1800/- from complainant  to provide the service  and refused to provide the warranty  benefit and thereby complainant suffered hardship and mental agony and hence this complaint.

         After filing the complaint, commission sent notice to OP, the notice was deemed as duly served to OP.   The OP has not appeared before the commission and  not  filed any version . Ultimately the commission had to  held that the OP has no version  as such in this case  came to be proceed against the OP as set exparte.

         Even though, the OP has remained ex-parte, it is for the complainant to establish the allegation made by him against the  OP.  Hence the  complainant was called upon to produce evidence in the form of affidavit and documents.  Accordingly the  complainant  has chosen to produce his affidavit along with 2 documents  marked as Exts.A1 and  A2. Ext.A1 is the original tax invoice issued by  OP dtd.16/8/2023, and Ext.A2 is the job card issued by OP dtd.6/1/2024. The complainant was examined as PW1. So the OP remains absent in this case.  At the end the commission heard the case on merit.

           Let us have a clear glance into the evidence in order to  address the grievance sustained by the complainant as prayed  in the complaint.  As per Ext.A1 tax invoice issued by OP clearly indicates  the  purchase price ie, Rs.5650/- goes in tune with complaint.  But, the complainant not produced any evidence to show that the product has 2 year warranty.  Even though, there is no warranty card.  Ext.A2 dtd.6/1/2024 which is the job card issued by  OP indicates that the defective produce is under warranty, it is clearly mentioned in Ext.A2.  Hence  the commission came into a conclusion that  the OP is liable for the  deficiency in service by not curing the defect of the product which is under warranty coverage.  So the  complainant is thereby entitled to get compensation and cost.

       In the result complaint is allowed in part.  The opposite party is directed  to rectify the defect of mixer grinder with free of cost or  if it is not curable the opposite party is directed  to pay  Rs.5650/- towards the purchase price of mixer grinder and also pay Rs.7000/- as compensation and Rs.3000/- as cost of litigation to the complainant within 30 days of receipt of this order.  Failing which complainant is at liberty to file execution application against opposite parties as per the provisions of Consumer Protection Act 2019.

Exts:

A1-  Tax invoice

A2- Job card

PW1-Aneesh.K- complainant

Sd/                                                   Sd/                                                     Sd/

PRESIDENT                                             MEMBER                                               MEMBER

Ravi Susha                                       Molykutty Mathew                                    Sajeesh K.P

eva           

                                                                       /Forwarded by Order/

                                                                   ASSISTANT REGISTRAR