By Smt. PREETHI SIVARAMAN.C, MEMBER
1.Case of the complainant:-
On 13/11/2018 complainant bought one LG Refrigerator from opposite party No.1 for an amount of Rs. 27,445/-(Rupees Twenty seven thousand four hundred and forty
five only). During the warranty period the fridge got dyfunct on 18/09/2019 and complainant registered a complaint in the toll free No. of LG. A service person of opposite party No.2 came from Malappuram and repaired the compressor of that refrigerator. The service person showed a broken piece of freezer to complainant and he assured that company will replace the product . Complainant called in the toll free No. of opposite party No.3, but not replaced the fridge. Thereafter on 1/10/2019 complainant again registered another complaint before opposite party No.3, but they are reluctant to repair the fridge. More over they said that they want repair charge and replacement charge during the warranty period . Hence this complaint.
2. Claim of the complainant is that he is entitled to get Rs. 27445/-(Rupees Twenty seven thousand four hundred and forty five only)the cost of the fridge, Rs. 10,000/-(Rupees Ten thousand only) for compensation for the deficiency in service from the side of opposite parties and Rs. 5000/- (Rupees Five thousand only) as cost.
3. On admission of the complaint notice was issued to the opposite parties and notice served on them and opposite party No.1 appeared before the Commission but no version and affidavit filed. Opposite party No.2 and 3 received notice but they did not turn up. Hence opposite party No.2 and 3 set exparte.
4. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext.A1to A2. Ext. A1 is the copy of Cash/credit invoice dated 13/11/2018, Ext.A2 is the copy of warranty details.
5. On 09/11/2021, Complainant submitted before the Commission that no relief is sought against opposite party No.1 . He endorsed the same in the complaint and Commission deleted opposite party No.1 on that day. The allegations against opposite party No.2 & 3 are proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced two documents which are very supportive to prove his case.
6. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite party No.2 and 3 as alleged in the complaint.
7. Hence we allow this complaint holding that opposite party No.2 and 3 are deficient in service.
- The opposite party No.2 and 3 are directed to pay Rs. 27,445/-(Rupees Twenty seven thousand four hundred and forty five only) to complainant, the cost of the Refrigerator.
- The opposite party No.2and 3 are also directed to pay compensation of Rs. 10,000/-(Rupees Ten thousand only) to the complainant on account of deficiency in service on the part of opposite parties and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite party No.2 and 3 also directed to pay Rs.5,000/-(Rupees Five thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite party is liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 13th day of January, 2022.
