BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::
KADAPA Y.S.R DISTRICT
PRESENT SRI V.C. GUNNAIAH, B.Com., M.L., PRESIDENT
SMT. K. SIREESHA, B.L., LADY MEMBER
SRI M.V.R. SHARMA, MEMBER.
Thursday, 16th October 2014
CONSUMER COMPLAINT No. 45/ 2014
Sri Vallabaneni Chinna Masthanaiah Naidu,
S/o Vallabaneni Ramaiah, aged about 45 years,
Residing at D.No. 37/115-6-A, Nehrunagar,
Sankarapuram, Kadapa City, Y.S.R District. ….. Complainant.
Vs.
1. The Authorized dealer, Sri Siva Agencies,
3/103(1), Christian Lane, Behind NTR Statue,
Kadapa City, Y.S.R District.
2. The authorized Service Manager, IFB Service Point,
Auditor Visveswaraiah Complex, Old Post Office Road,
Opp. Sri Venkateswara Temple, N.G.O. Colony,
Kadapa city, Y.S.R. District.
3. The Branch Manager, IFB Appliances,
D.No. 32 & 33, 1st floor, Satya Mansion,
Chitta Reddy Colony, Tadbund, ‘X’ Roads,
Secunderabad, Andhra Pradesh. ….. Opposite parties.
This complaint coming on this day for final hearing on 14-10-2014 in the presence of Sri G.B. Lakshmi Reddy, Advocate for complainant and Opposite parties are appeared as in persons and upon perusing the material papers on record, the Forum made the following:-
O R D E R
(Per V.C. Gunnaiah, President),
1. The complainant filed complaint under section 12 of Consumer Protection Act 1986 (for short herein after called as C.P. Act) praying this forum to direct the opposite parties jointly and severally to pay Rs. 78,850/- towards cost of washing machine including damages and mental agony with interest at 12% p.a from the date of purchase i.e. 15-12-2012 till realization.
2. The averments of the complaint in brevity are that the complainant purchased IFB washing machine Digital SX, S.R.No. WIDIGSXB0110437 for Rs. 28,850/- from Opposite party No. 1, on 15-12-2012 with four years warranty for purpose of his usage in his home D.No. 37/115-6-A,Sankarapuram, Kadapa. O.P. No. 3, isauthorized mechanic installed the said washing machine in the house of the complainant. After six months the washing machine gave trouble with heavy sound and not functioned. The complainant gave complaint at O.P. No.2 service point and same was repaired. But again in the month of November 2013 the washing machine had not worked. Complainant gave complaint to O.P. No. 2 and after collecting Rs. 1,000/- without bill washing machine was repaired. But again it gave trouble and not functioned, though the warranty was inforce. On 10-01-2014 the complainant again gave complaint but O.P. No. 2 not registered the complaint on one pretext or other. The complainant got issued a registered legal notice to the opposite parties, even then they failed to replace the instrument or given any reply. The complainant underwent in conveyance and lost three months’ work apart from travelling charges and mental tension. Hence, the complaint for the above direction to the opposite parties.
3. Opposite parties 1 to 3 have filed separate counters.
4. O.P. No. 1 filed counter admitting that he is the authorized dealer of IFB appliances at Kadapa and complainant purchased IFB washing machine from him on 15-12-2012 for Rs. 28,850/- with warranty as pleaded by the complainant. But denied his liability to pay compensation as whole liability is on O.P. Nos. 2 & 3 only, as they are authorized service center and company of the product. Therefore, he has no liability either to replace the instrument or its costs, as there is no deficiency of service on his part. Hence, the complaint is liable to be dismissed against him.
5. Opposite party No. 2, who is the authorized service center of the company filed counter denying the allegations of complaint. Further contended that he promptly attended for services of the subject matter and he never did any insufficient service to the complainant. He also denied collecting of Rs. 1,000/- from the complainant and registering the complaint dt. 10-01-2014. It is further contended that the role of him is limited to attend services of the equipment during warranty period and he had done the same and no deficiency of service. Hence, prayed to dismiss the complaint.
6. Opposite party No. 3, who is the Branch Manager of the IFB company filed counter denying the allegations in the complaint but admitted the purchase of IFB washing machine by the complainant and its warranty period of 48 months as pleaded. However denied his deficiency of service in attending the complaints as and when made by the complainant. He further contended after receipt of legal notice, dt. 06-5-2014 from the complainant he (O.P. No.3) offered to replace the existing washing machine with new one for the complainant did he not agree for the same and subsequently filed this complaint with oblique motive. This O.P. is ready and willing to replace the washing machine with new one but without compensation. Hence, the complaint may be dismissed.
7. On the basis of the above pleadings the following points are settled for determination.
i. Whether there is any negligence and deficiency of service on the part of the opposite parties?
ii. Whether the complainant is entitled for the relief’s as prayed for?
iii. To what relief?
8. No oral evidence has been let in by either party. On behalf of the complainant Ex. A1 to A4 are marked by consent. No documents are marked on behalf of the opposite parties.
9. Heard both sides.
10. Point No. 1. It is not in dispute that the complainant purchased IFB washing machine from O.P. No. 1 on 15-12-2012 for an amount of Rs. 28,850/- as the same was admitted by O.P.No.1 & O.P.No.3 in their counters. The same is also proved by filing of Ex. A1 & Ex. A2 cash bill and owner’s manual of IFB washing machine purchased by the complainant. So it is proved by the complainant that he purchased IFB washing machine for Rs. 28,850/- from O.P.No. 1 belonged to the company of O.P. No. 3 on 15-12-2012 with warranty for four years from that date. Ex. A3 is the office copy of legal notice issued by the complainant to the opposite parties on 6-5-2014. As seen from the contents of Ex. A3 the complainant appraised the opposite parties about the nonfunctioning of IFB washing machine purchased by him and how it gave troubles from time to time, even though minor repairs effected by O.P. No. 2 authorized service center and called upon the opposite parties to replace the washing machine purchased by him with new one. The said notice was received by opposite parties under Ex. A4 acknowledgements. But Opposite parties had not heed the request of complainant to see that the IFB washing machine purchased by him is to be functioned properly or to replace it with new one as per warranty. Therefore, the same amounts to be deficiency of service on the part of the opposite parties, besides negligence. Hence it is held there is deficiency of service and negligence on the part of the opposite parties in this case. Accordingly, the point is answered in favour of the complainant.
11. Point No. 2. Since there is negligence and deficiency of service on the part of the opposite parties the complainant is entitled for reliefs. But in this case the O.P. No. 3 came forward to replace new washing machine in place of old washing machine purchased by the complainant. The complainant claimed Rs. 50,000/- towards mental tension and other expenses. But the same appears to be very high and the complainant is not entitled that much huge amount. However, the complainant is entitled for some amount towards mental agony and incidental expenses. Therefore, the complainant is entitled for an amount of Rs. 5,000/- towards deficiency of service and Rs. 2,000/- towards costs, apart from replacing the existing IFB washing machine purchased by complainant with new one in the same model. Accordingly the point is answered.
12. Point No. 3 In the result. The complaint is allowed, directing the opposite parties 1 to 3 jointly and severally liable to replace the existing washing machine purchased by the complainant with new one in the same model and to pay an amount of Rs. 5,000/- (Rupees Five thousand only) towards deficiency of service, Rs. 2,000/- (Rupees two thousand only) towards mental agony and Rs. 1,000/- (Rupees one thousand only) towards costs, payable within 45 days from the date of receipt of this order.
Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open forum, this the 16th October 2014
MEMBER MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant NIL For Respondent : NIL
Exhibits marked for Complainant : -
Ex. A1 Original cash bill dt. 15-12-2012 issued by O.P. 1 in favour of
complainant.
Ex. A2 Original book of owner’s manual issued by the IFB Compnay.
Ex. A3 Office copy of legal notice dt. 6-5-2014.
Ex. A4 Three postal acknowledgements.
Exhibits marked for Opposite parties: - NIL
MEMBER MEMBER PRESIDENT
Copy to :-
1) Sri G.B. Lakshmi Reddy, Advocate for complainant.
2) The Authorized dealer, Sri Siva Agencies,
3/103(1), Christian Lane, Behind NTR Statue,
Kadapa City, Y.S.R District.
3) The authorized Service Manager, IFB Service Point,
Auditor Visveswaraiah Complex, Old Post Office Road,
Opp. Sri Venkateswara Temple, N.G.O. Colony,
Kadapa city, Y.S.R. District.
4) The Branch Manager, IFB Appliances,
D.No. 32 & 33, 1st floor, Satya Mansion,
Chitta Reddy Colony, Tadbund, ‘X’ Roads,
Secunderabad, Andhra Pradesh.
B.V.P.
