Entitlement to compensation for mental torture and inconvenience due to a defective product, even if no manufacturing defects were found.

Mr. Justice J.D. Kapoor, President—The appellant purchased a refrigerator from the respondent on 9.9.1988 with seven years warrantee for the compressor and evaporator. It started giving trouble from the day one. First complaint of its being defective was made on 26.9.1988 and second complaint was made on 30.6.1990. After initial inspection by the mechanic the refrigerator was taken to the workshop of the respondent on 4.7.1990 and returned on 7.7.1990. The defects in the refrigerator were not rectified and the defects persisted and it was again taken to the workshop on 17.8.1990 and returned after a week, this exercise continued taking place till May, 1994. The respondent raised a bill for Rs. 3,700/- for carrying out the repairs. The complaint of the appellant for taking back the refrigerator or refund of its price was dismissed vide impugned order dated 27.9.1996 on the premises that the refrigerator did not suffer from any manufacturing defects. Instant appeal is directed against the impugned order. Even if we assume that the refrigerator did not suffer from any manufacturing defects but the immense inconvenience, harassment, mental torture the appellant suffered by taking the said refrigerator time and again raising of bill of Rs. 3,700/- for repairing the refrigerator during the warranty period shows the defective nature of the refrigerator. Appellant was at least entitled for compensation on account of deficiency in service or selling the defective article. Had the refrigerator not been defective there was no need for it being taken to the workshop time and again?

2. For the foregoing reasons we allow the appeal and set aside the impugned order and award compensation of Rs. 10,000/- on account of mental torture and inconvenience and the unnecessary payment of bill made by the appellant, besides the cost of Rs. 1,000/- towards litigation.

3. The appeal is disposed of in above terms.

A copy of this order as per statutory requirement be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to record room. The FDR deposited by the appellant be returned to the appellant after completing necessary formalities.

Appeal disposed of.

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