ORDER

SMT.SHARAVATHI S.M.  MEMBER

1.     This is the complaint filed by the complainant against the Opposite Party (herein referred to as OP) under section 35 of the Consumer Protection Act 2019 for the deficiency of service in supplying/selling a defective fridge and for refund of Rs. 11,500/-, return of old refrigerator given to Op for exchange along with compensation to Rs.20,000/- for causing harassment and wasting his time and cost and other reliefs as the Hon’ble District Commission deems fit.

2.     The brief facts of the complaint are that: the complainant purchased a fridge “Whirlpool three door refrigerator in exchange of his old refrigerator Samsung 165 L  for the effective price of sum of Rs. 16,000/-. On 03/02/2022 he made on advance payment of Rs.200/- through UPI State Bank of India and paid the remaining balance of Rs.11,300/- as per the bill No.728 and the refrigerator was delivered on the same day. The total cost of the refrigerator was Rs.16,000/- including the exchange value of the old refrigerator Rs.4,500/-. At the time of delivery the refrigerator, it was noticed that it is a damaged one. Hence requested the dealer/OP to take back the refrigerator and return old refrigerator.  Inspite of the complainant’s several request,  OP did not response and did not refund the amount and also not returned the old refrigerator. Hence there is deficiency in service and prayed to allow the complaint.

3.     Upon the service of notice, as per the postal track record OP did not appear before this commission for the reasons best known to it and hence placed exparte.

4.     In order to prove the case, complainant filed his affidavit evidence and produced documents. Arguments heard. The following points arise for our consideration:-

1. Whether the complainant has proved deficiency in service on the part of the opposite Parties?
2.  Whether the complainant is entitled to the relief prayed for in the complaint?

5.     Our answers to the above points are:-

POINT NO.1: IN THE AFFIRMATIVE.

POINT NO.2: PARTLY ON THE AFFIRMATIVE.

                        For the following:

REASONS

POINT NO 1:

6.     On perusal of the affidavit evidence and documents produced by the complainant, it becomes clear that the complainant purchased  refurbished refrigerator for sale by exchanging his refrigerator for Rs.16,000/-  “Whirlpool three door Refrigerator was got exchanged his old refrigerator by paying  the difference of price of Rs.11,500/-. Ex-P3 is the brochure in respect of the refrigerator issued by the whirlpool company. The said refrigerator was received by the complainant It is contended that at the time of delivery, it was damaged.

7.     The case of the complainant is more probable as Ex P3 is with three years warrantee from 07.02.2022. Legal notice was also issued as per Ecx P4 which has been sent as per Ex. P5 (postal receipt. Inspite of the same and also inspite of the service of notice for appearance before this commission, OP did not sent any reply to the legal notice nor appeared before this commission to explain its stand and put forth its defense. Under these circumstances, the allegations and affidavit evidence and the documents of the complainant remained unchallenged and uncontroverted. Hence we hold that there is deficiency in service in supplying/ selling a damaged refrigerator and not replacing with good one not repairing it properly and not refunding the amount and not returning the old refrigerator. Hence we answer POINT NO.1 IN THE AFFIRMATIVE.

POINT NO 2:

8.     In the result OP is bound to repair the said refrigerator or to refund the amount and the old refrigerator with interest. OP has mental agony, harassment and hardship to the complainant, for which we  direct OP to pay Rs.5,000/- as damages and Rs.5,000/- towards litigation expenses, besides returning the old refrigerator and refund entire amount received by the OP sum of Rs.11,500/- along with interest at the rate of 12% per annum from the date of the complaint i,e. 07/02/2022 till payment of the entire amount and hence we answer POINT NO 2 PARTLY IN THE AFFIRMATIVE and pass the following:

ORDER

1. The complaint is hereby allowed in part with cost.
2. OP i.e. REFROMATIC represented by is owner/manager  is hereby directed to repair the  refrigerator and failing which to return old fridge and to refund the amount Of Rs,11,500/- being the value of refrigerator along with interest at the rate of 12% per annum from 07/02/2022 till  payment of the said amount. Complainant is directed to return the damaged fridge after repairing the refrigerator or paying the amount as ordered above.
3. OP is further directed to pay a sum of Rs.5,000/- towards damages and Rs.5,000/- towards litigation expenses.
4. OP is hereby directed to comply the above order at within 30 days from the date of receipt of this order and submit the compliance report to this commission within 15 days thereafter.
5. Send a copy of this order to both parties free of cost.              

Note: You are hereby directed to take back the extra copies of the Complaints/version, documents and records filed by you within one month from the date of receipt of this order.

(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Forum on this day the 22^nd day of JULY 2022)

MEMBER                          PRESIDENT

ANNEXURES

1. Witness examined on behalf of the Complainant/s by way of affidavit:

Copies of Documents produced on behalf of Complainant/s:

Ex P1 & P2: Copy of the online payment receipts (2 Nos.)

Ex P3: Copy of the Cash bill issued by OP.

Ex P4: Copy of the legal notice.

Ex P5: Postal receipt.

2. Witness examined on behalf of the Opposite party/s by way of affidavit:

RW-1: - Nil-

Copies of Documents produced on behalf of Opposite Party/s

- Nil-

MEMBER                          PRESIDENT

RAK*