GODREJ-GE APPLIANCES LTD Vs. RAGHUBIR SINGH

JUDGEMENT

(1.) Appellant is aggrieved of the order dated 26.3.2002 whereby it has been directed to either replace the refrigerator sold to the respondent or refund the price to the respondent as the refrigerator was alleged to have developed defects right from the day of delivery and was taken for repairs in June, 97 though it was purchased in Jan, 97. Admittedly the refrigerator in question was being repaired by the respondent No.2 once in September, 98 and then July, 99. In July, 99 the respondent paid Rs.2,981/- as repair charges. The contention of the appellant is that the refrigerator did not have any manufacturing defect and the only defects that developed in the compressor of refrigerator was due to voltage surge. The consumer is not concerned as to the condition of voltage or electricity. He is concerned with the quality of the article purchased by him. There is no use of purchasing the article which developed such defects as contended by the Counsel for the appellant. The consumer spends money to purchase the goods for his convenience. Even if the contention of the Counsel of the appellant is accepted still the respondent was entitled for compensation. However, directions of the District Forum to replace the refrigerator were not appropriate as the possibility of a new refrigerator being same defects or may develope some defects due to electricity voltage surge etc. cannot be ruled out. In that case complainant will be forced to have a second round of litigation. Since the refrigerator has been in use by the respondent for a long, we deem the respondent needs to be compensated adequately for deficiency in service and as well as the quality of the refrigerator being not satisfactory instead of refunding the price of the refrigerator, we deem that the compensation of Rs.10,000/- towards harassment and mental agony shall meet the ends of justice.

(2.) The appeal is allowed in the aforesaid terms. The compensation shall be paid within two weeks. A copy of this order, as per statutory requirement, be forwarded to both the parties free of charge and also to the concerned District Forum, thereafter the file be consigned to the record room.