M.THANIKACHALAM, J. - (1.) The unsuccessful opposite party in OP.318/2007 on the file of the District Consumer Disputes Redressal Forum, Chennai [North], is challenging the order of the District Forum, dated 3.3.2009 in this appeal.
(2.) The complainant/respondent purchased a new Electrolux Kelvinator Frost Free, 240 litres, Ozoe Premium Refrigerator from the opposite partys shop, on 13.01.2007 for valid consideration, which was installed in the residence on 19.01.2007, which had created problem within a few hours, making high sound, wasting the vegetables also, which was informed immediately. Though one Kumar attended the Refrigerator, problem continued, which was informed not only to the opposite party, but also to their service providers, seeking for replacement of the Refrigerator, which they failed, thereby committing negligence, as well as deficiency in service. Thus, complaining for replacement as well as for compensation, a consumer complaint came to be filed.
(3.) The appellant/opposite party admitting the purchase of the Refrigerator, as well admitting the complaint made by the complainant at the first instant, which was attended by the service provider, resisted the complaint, inter alia contending, that they have not committed any deficiency in service, being negligent also, that if at all any manufacturing defect was available, the manufacturer alone liable to pay and in this view, the complaint itself is liable to be dismissed for non-joinder of necessary parties, thereby praying for its dismissal, denying further averments also.;