M.THANIKACHALAM J. - (1.) The opposite parties are the appellants.
(2.) Facts: The complainant had purchased a Godrej Penta Cool Refrigerator, for a sum of Rs.19,989.49 on 08.07.2006, for which, normal warranty was one year ending with 10.7.2007, with an extended warranty period upto 10.7.2011 on payment of extra charges. From 10.5.2007, the Refrigerator started mal-functioning, failed to give cooling effect, resulting the materials inside being spoiled.
(3.) The complainant booked a service call and the technician, who attended, identified the problem as Gas leakage, informing that would be recharged on 12.5.2007. On 12.5.2007, another technician came and informed that the condenser should be laced outside the Refrigerator, for which, the complainant was not willing, since that will cause problem. The Refrigerator causing leakage of gas, within 10 months would indicate, it had happened due to manufacturing defect, which was informed on 13.5.2007 through email, for which, a reply was given to the Chennai Service Manager, who inspected the Refrigerator, repeated the earlier stand, not performing materially, to satisfy the requirement of the consumer. The conduct of the opposite parties and the supply of defective Refrigerator causing problems within 10 months from the date of purchase within the warranty period, should be construed as deficiency in service, as well as negligent act and therefore, the opposite parties are bound to replace the same with a brand new Refrigerator and in addition, they have to pay compensation. Thus, leveling deficiency, seeking direction to replace the Refrigerator or in the alternative to refund the sale consideration, in addition, claiming a sum of Rs.20,000/- as compensation, a consumer complaint came to be filed.;