Court Awards Partial Refund for Damaged Refrigerator and Poor Service
A customer who purchased a new refrigerator in January, only to find it arrived with scratches and faced issues with delivery and old appliance removal, has been awarded partial compensation by the Tel Aviv Small Claims Court. The customer initially sought 5,900 shekels, citing a difficult delivery coordination that allegedly forced him to cut short a medical treatment, and the refusal of the delivery person to install the new fridge or remove the old one, leading him to pay 1,200 shekels for private removal. He also claimed the new refrigerator had cosmetic damage.
The appliance company argued the claim was excessive, stating that the old fridge removal was delayed by external factors but they offered a solution. They also claimed the customer agreed to the delivery time despite a short notice and refused a full replacement for the damaged unit, preferring to file a "baseless financial claim."
Senior Registrar Neama Nir noted discrepancies in the submitted documents, as the receipt and delivery slip were not in the plaintiff's name. However, the company's admission of receiving payment and delivering the appliance effectively confirmed the transaction. The court denied compensation for the old appliance removal, as the customer admitted the company offered removal within 24-48 hours but he chose immediate private service without providing a receipt for the 1,200 shekel cost. The claim for delayed delivery coordination was also dismissed, as the customer agreed to the half-hour notice and provided no proof of missed medical treatment or actual damages.
Despite dismissing some claims, the registrar criticized the company's conduct, stating that delivery personnel should not present customers with faits accomplis regarding electronic waste removal and that such lapses should be avoided. Ultimately, the court ruled the company delivered a damaged refrigerator and its delivery person caused the customer distress. The company was ordered to refund the full value of the refrigerator, 600 shekels, plus interest, and remove the old appliance within two weeks. Additionally, the customer received 500 shekels in compensation for the delivery person's conduct and 300 shekels in legal costs. The total compensation amounts to approximately 1,400 shekels, significantly less than the initial demand.
