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Consumer forum orders replacement and compensation to dealership

District Consumer Redressal Forum Indore 2 ordered a trading company, dealer of electronics (Great Eastern Company) to replace a fridge of Rs 65k to a customer and further pay Rs 10k as compensation and Rs 2k for processing at forum.

Plaintiff 62-year-old government employee Mohammad Shamim son of Khwaja Wajid had filed the complaint against the dealer after repeatedly trying to get a replacement from the dealer.
Plaintiff had bought Samsung Rs62K6007FG 620LTR SIDE BY SIDE REF on August 12, 2018 from the dealer by paying Rs 65k. As per the terms, the dealer was required to deliver the fridge to plaintiff’s home.
To deliver the fridge, a deliver person was sent along with the fridge in tempo. While taking out the fridge from tempo, the fridge fell on the ground.
When checked, the fridge had dents on both the sides and the door had disturbed balance. Demanding for replacement, the plaintiff had approached the dealer.
However, the dealer refused to replace the damaged fridge and claimed that fridge was functional. On request from the customer, the dealer sent an engineer to the plaintiff’s home.
The deputed engineer inspected the fridge. Further, he reported that fridge has been damaged and door is imbalanced.
Lacking argument of functionality, manager at dealership offered to settle the matter by replacing the door of the fridge. Not satisfied by the offer, as he had paid for the new functional fridge, plaintiff approached consumer forum.
After hearing arguments of both plaintiff and defended, the forum directed defended to either replace the refrigerator with the same make and model or refund the purchase price of Rs 65,000.
Further, president Om Prakash Sharma and member Atul Jain ordered defended to pay Rs 10,000 as compensation for plaintiff’s mental agony and harassment and Rs 2,000 towards cost of processing the case.
If the defended fails to provide adhere to the order within two months, then the defended will be charged 9 percent interest per annum on the amount.

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