Sri. P. Satheesh Chandran Nair (President):

The complainant filed this complaint u/s.12 of the C.P. Act 1986.

2. The case of the complainant is as follows.   On 28/07/2016 the complainant purchased a LG Refrigerator 310L-FF Model double door for an amount of Rs.33, 400/-.  It is contented that there is a warranty of 9 years for the compressor and for all other parts a warranty of 2 years were also given to the complainant.  It is assured that the said refrigerator is having inbuilt stabilizer system.  While the said refrigerator was using by the complainant on 18/05/2017 the refrigerator had become totally functionless.  The complainant informed the defect of the refrigerator to the 1^st opposite party as such a technical expert of 2^nd opposite party attended the said refrigerator on 22/05/2017 and inform that the component of the refrigerator was defective and demanded Rs.2,500/- as the cost of this part.  According to the complainant the said parts were within the warranty item and he did not pay anything for it.  Though the 2^nd opposite party’s technical expert replaced the component and fitted a new one the cooling effect got only on the freezer portion of the refrigerator.  The non-rectification of the defect of the refrigerator was informed to the opposite parties concerned but they failed to redress the grievances of the complainant.  It is stated that about 3 times the 3^rd opposite party’s technical experts attended the refrigerator but even now the refrigerator is suffering all the prayer defects.  According to the complainant the non-rectification of the defect of the refrigerator is a clear deficiency in service on the part of the opposite parties and they are liable to the complainant.  The non-functioning of the refrigerator highly affected physical, mental and financial condition of the complainant because being a diabetic patient he is in need of a refrigerator for keeping the medicine for insulin injection.  Even though the complainant informed to the opposite party for replacing the defective refrigerator the opposite parties did not take any steps on it.  Hence, this case to direct the opposite party to refund the price of the refrigerator compensation cost etc. etc.    
3. This Forum entertained the complaint and issued notice to opposite parties for appearance.  Though the opposite parties received notice except the 3^rd opposite party and the 1^st and 2^nd opposite party are failed to appear before this Forum.  Hence this Forum declared ex parte against the 1^st and 2^nd opposite party.  The 3^rd opposite party in this case appeared before this Forum through a counsel but failed to file any version before this Forum.  On 08/03/2018 the 3^rd opposite party’s counsel filed a non-instruction memo before this Forum for the 3^rd opposite party. 
4. On the basis of the complaint and records before us, we framed the following issues for consideration.  

1. Whether the opposite parties committed any deficiency in service as alleged?
2. Regarding the relief and cost?

                  7.  In order to prove the case of the complainant the complainant he who filed a proof affidavit in lieu of his chief examination and examined him as PW1.  Through PW1 Ext. A1 to Ext. A3 were also marked.  Ext.A1 is the retail invoice dated 28/07/2016.  Ext.A2 is a warranty card.  Ext.A3 is the retail invoice dated 21/07/2017.  After the closure of evidence we heard both sides.

                   8.  Point No.1&2:- For the sake of convenience we would like to consider Point No.1 & 2 together.   The complainant he who is examined as PW1 deposed that he purchased a LG Refrigerator 310-FF Model for an amount of Rs. 33,400/- from the 1^st opposite party on 28/07/2016.  In order of substantiate this fact PW1 marked the retail invoice dated 28/7/2016 of the 1^st opposite party.  Ext A2 is a warranty card which shows that the compressor of the refrigerator has a warranty of 9 years and for all other parts there is a warranty of 2 years.  It is further deposed that the refrigerator had become totally defective on 18/05/2017 i.e., within one year of the purchase.  Though PW1 informed the opposite parties concerned for the rectification of the defect happened to the refrigerator the opposite parties failed to rectify the defect of the refrigerator.  Ext.A3 dated 21/07/2017 is retail invoice which shows that the 2^nd opposite party’s technician received a service charge of the Rs.295 from the complainant.  When we appreciate the evidence of the case we can see that though the opposite parties received notice from the Forum the 1^st and 2^nd opposite parties failed to appear before this Forum so that they are declared as ex parte.  Though the 3^rd opposite party appeared before this Forum through the counsel, it is seen that he filed a “no instruction memo” for the 3^rd opposite party.  For the above said reasons the evidence adduced by PW1 is un challengeable as far as this case is concerned.  At this juncture we have to considered whether the evidence adduced by the complainant is credible or not.  When we evaluate the chief examination of the complainant as PW1 and Ext.A1 to A3 we cannot attribute anything against the credibility of PW1.  Therefore we have to find that the complainant is succeeded to prove this case and also eligible for a reasonable compensation from the opposite parties.  It is also find that the 1^st opposite party is the dealer of the 3^rd opposite party and the 2^nd opposite party is the authorized service center of the said refrigerator.  When we analyses the evidence of this case it is revealed that though the complainant PW1 has taken earnest attempt to rectify the mistake of the refrigerator the opposite parties are miserably failed to redress the grievances and also proved that still the refrigerator is suffering defects.  Therefore we can come to a conclusion that all the opposite parties are severely and jointly liable to the complainant.  Therefore point No.1 & 2 are found in favour of the complainant.                     

10.  In the results, we pass following orders. 

(1). The opposite parties are hereby directed to refund the price of the refrigerator Rs.33, 400/- (Rupees Thirty three Thousand Four Hundred Only) with 10% interest from the date of filing of this case onwards i.e.,27/07/2017.

 (2). The opposite parties are also directed to pay a compensation      of Rs.7,500/- (Rupees Seven Thousand Five Hundred only) and cost of Rs. 2,500/-(Rupees Two Thousand Five Hundred only) to the complainant with 10% interest from the date of receipt of this order onwards. 

                    Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 16^th day of March, 2018.

                                                                                              (Sd/-)

                                                                   P. Satheesh Chandran Nair,                                                                                                                                                                                                                                              

                                                                                         (President)

Smt. Sheela Jacob (Member)               :   (Sd/-)

Appendix:

Witness examined on the side of the complainant:

PW1  :  Mahesh Kumar.R

Exhibits marked on the side of the complainant:

A1 : Retail invoice dated 28/07/2016.

A2 : Warranty card dated.

A3 : Retail invoice dated 21/07/2017.    

Witness examined on the side of the opposite parties:Nil.

Exhibits marked on the side of the opposite parties: Nil.

                                                                                                      (By Order)

          Copy to:-

(1) Mahesh Kumar,

                        Puthenpurackal House, Niranam.P.O.,Thiruvalla Taluk.   

(2) Vijaya Home Appliances,

Parameshwara Arcade,M.C.Road, Ramanchira, Thiruvalla.

(Ex parte on 22/09/2017)

3. S.L Electronics,

928, Kallumadiyil Building,C.S.I Church Road,Theeppani, Thiruvalla. (Ex parte on 07/11/2017)

4. LG Electronics India Pvt.Ltd.,

Corporate Office, Plot No.15, Surajpur-Kasna Road, Udyog Vihar, Greater Noida, Uttar Pradesh,

5. The Stock File.