D.O.F.1.1.10 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR Present: Sri.K.Gopalan: President Smt.K.P.Preethakumari: Member Smt.M.D.Jessy: Member Dated this, the 13th day of April 2010 CC.1/2010 C.P.Mahamood, Nafeesa Manzil, Post Chitapile Poyil 670 502 Complainant 1. National Radio Electronics Corp. Main Road, Payyannur. (2. L.G.Customer Care – deleted) 2. LGEIL, 40/1270, Vasudeva Building. T.D Road, Ernakulam, Cochin Opposite parties O R D E R Smt.K.P.Preethakumari, Member This is a complaint filed under section 12 of the consumer protection act for an order directing the opposite parties to replace the machine with a new packed carton piece with all accessories or to refund its value with interest along with compensation and cost. The complaint contended that he had purchased an LG front loaded washing machine model. 80485 NP from National Radio electronics, Payyannur as per bill N O.18456 for an amount of Rs.19, 000/-. The opposite party is supposed to free home delivery with a new carton packing along with complete machine. But instead of these they send an open carton badly tied up with auto rickshaw on 22.9.09 in the absence of the complainant. On the next day when the technician came to fix and demonstrate the same it was found that the machine was incomplete without Rat mash. But after repeated request made by the complainant the opposite party had supplied a Ratmash to the complainant. But the technician informed the complainant that it was a wrong brand which cannot be tided in the machine. But even after 6 months they are not ready to replace the rat cover. So the complainant was not in a position to use the machine. Hence this complaint. Later on the complainant has filed a petition to delete the 2nd opposite party since they are only customer care and hence the 2nd opposite party was deleted. In pursuance to the complaint, the forum issues notice to opposite parties 1 and 3. But they are not entered appearance, even though they have acknowledged the notice. So the opposite parties 1 and 3 were called absent and set exparte. The main point to be decided in this case is whether there is any deficiency on the part of opposite parties 1 and 3. The evidence in this case consists of the chief affidavit filed by the complainant in lieu of chief examination and Exts.A1 to A4. The Ext.A1 is a receipt issued by1st opposite party for an amount of R.19, 000/- as the price of the washing machine along with VAT. A2 is the Brochure, A3 is the warranty card and A4 is its condition. So the Exts.A1 to A4 along with the chief affidavit filed by the complainant shows that he had purchased a front loaded washing machine on 19.9.09 for an amount of Rs.19,000/-. The complainant contended that the opposite party has provided only an open carton with incomplete machine which lack Ramesh and hence a non matching brand of the above said Ratmesh is supplied by opposite party after repeated request. But they are not ready to replace this non matching Ratmesh even after 6 months of purchase. But there is no contra evidence before us. More over the opposite parties were not turned up before the Forum, even though they have acknowledged the notice. This itself is a deficiency on the part of the opposite parties. From the facts and circumstnacs of the case it is seen that there is grievous deficiency on the part of opposite parties even without supplying the parts of the machine. So the opposite parties are liable to compensate the complainant either by replacing the washing machine with new warranty or to repay Rs.19000/- as the price of the machine along with Rs.1000/- as compensation and Rs.500/- as cost of this complaint and the complainant is entitled to receive the same and order passed accordingly. In the result, the complaint is allowed directing the opposite parties 1 and 2 to replace the washing machine with new warranty or in default to refund Rs.19, 000/- (Rupees Nineteen Thousand only)the value of the machine to complainant. The opposite parties are also directed to pay Rs.1000/-(Rupees One thousand only) as compensation and Rs.500/- (Rupees Five Hundred only)as cost of this proceedings to the complainant within one month from the date of receipt of this order, failing which the complainant is allowed to execute the order against the opposite parities as per the provisions of consumer protection Act. Sd/- Sd/- Sd/- President Member Member APPENDIX Exhibits for the complainant A1.Cash bill issued by OP dt.19.9.09 A2.Catalogue A3& 4.Warranty card and conditions issued by OP Exhibits for the opposite parties: Nil Witness examined for either side: Nil /forwarded by order/ Senior Superintendent
| | HONORABLE PREETHAKUMARI.K.P, Member | HONORABLE GOPALAN.K, PRESIDENT | HONORABLE JESSY.M.D, Member | | 
