D.O.F:22/04/2022

                                                                                                  D.O.O:23/12/2022

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD

CC.No.74/2022

Dated this, the 23^rd  day of December 2022

PRESENT:

SRI.KRISHNAN.K                         :PRESIDENT

SRI.RADHAKRISHNAN NAIR.M : MEMBER

SMT.BEENA.K.G                            : MEMBER

Heena Kausar .P.A aged 30 years,

D/o Abbas,

Residing at Darunadwa,

Near CHC Mangalpady,

Naya Bazar, Uppala, : Complainant

Manjeswar Taluk,

Kasaragod District,

Pin – 671 322

1. White Mart,

Micro Corpus,

City Gate Building,

Old Press Club junction,

Kasaragod, Pin – 671 121

: Opposite Parties

2. Whirlpool of India Limited

Corporate Office,

Plot No. 40,

Sector- 44, Gurugaon,

Pin – 122 002

ORDER

 SMT.BEENA.K.G      : MEMBER

Facts of the case:-

            The Complainant purchased one refrigerator “Whirl pool Ref.FF 500 LTR IFINV CNV 515 3s ALPHA ST” from Opposite Party No.1 on 12-09-2020 paying Rs.51,999.99/-.  The Opposite Party No.2 is the manufacturer of the refrigerator.  The aforesaid refrigerator was not functioning properly and cooling was totally not right from the beginning.  Thus the complainant submitted e mail complaint through customer care service centre.  The company deputed a service person to attend the grievance of the complaint.  Though he checked many time, he was unable to rectify the complaint.  Finally Opposite Party No.2 supplied a new refrigerator after taking back the defaulted one and offered 1 year warranty for the same.  The replaced refrigerator was working initially, but after 6 months there was a cooling problem.  Whatever kept in the refrigerator got spoiled within warranty period.  The complainant again made complaint.  It is informed that the complaint has been closed by rectifying the issues.  The allegation of the complaint is that the Opposite Party failed to keep their promise at the time of sale of refrigerator and the service rendered is default.  The refrigerator supplied by Opposite Party had manufacturing defect.  So the complainant claims refund of Rs.51,999.55/- being the price amount paid with a compensation of Rs.1 lakh and cost.

            The Opposite Party No.1 filed version stating that once they replaced the refrigerator considering the complaint and the complainant was in dispute with the service team. The Opposite Party No.2 is liable to provide service to the customer. The complainant filed proof affidavit.  Ext.A1 to A4 marked.  The issues raised for the consideration are

1. Whether there is deficiency in service on the part of Opposite Party?
2. If so what is the relief ?

For convenience issues no.1 and 2 can be discussed together

The complainant purchased a refrigerator from Opposite Party No.1 from the beginning itself the cooling of the refrigerator was nil and it became defective.  The complainant registered a complaint through customer care service centre via e-mail.  Even though the service person checked refrigerator he could not rectify the defects and finally Opposite Party No.2 supplied a new refrigerator, taking back the old one.  The replaced refrigerator also became defective after 6 months and the opposite parties did not heed to the complainant as his complaint is already closed by rectifying issues.

Ext.A1 is the invoice issued by Opposite Party No.1 to the complainant, Ext.A2 is the photographs of the inside of the refrigerator

Ext.A3 is the email communication made between complainant and Opposite Party No.2

Ext.A4 is the downloaded copy of text message.

If a complaint is registered during warranty period through customer care by a customer Opposite Parties are bound to rectify the defects of the refrigerator. The Opposite Party closed the complaint stating that the complaint is cured.  Without curing defects amounts to deficiency in service on their part.  The replaced refrigerator also became defective proves the unfair trade practice on the part of Opposite Party.  Due to the deficiency in service and unfair trade practise on the part of Opposite parties complainant under gone huge loss and mental agony.  The opposite parties are jointly and severally bound to compensate the loss of the complainant.  Considering the affidavit and documents produced by the complainant we holds that Opposite Parties are liable to refund the price of the refrigerator with compensation cost.

In the result complaint is allowed directing Opposite Parties to refund Rs.52,000/- (Rupees Fifty Two Thousand only) with Rs.10,000/- (Rupees Ten Thousand only) as compensation along with Rs.5,000/- (Rupees Five Thousand only) as cost.

Time for compliance is 30 days from receipt of the copy of this judgment.

Sd/-                                                   Sd/-                                                            Sd/-

MEMBER                                    MEMBER                                      PRESIDENT

Exhibits

A1: Invoice issued by Opposite Party No.1

A2 series are the photographs of inside the refrigerator

A3: E-mail communication

A4: Copy of text message

      Sd/-                                                 Sd/-                                                         Sd/-

MEMBER                                    MEMBER                                      PRESIDENT

Forwarded by Order

                                                                                    Assistant Registrar

Ps/