BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MOGA.

                                                                                                                                                 C.C. No. 87 of 2016

                                                                                                            Instituted on: 11.04.2016

                                                            Decided on: 07.06.2016

Dr. Jatinder Kaur, aged about 50 years w/o Dr.Navraj Singh, R/o 210, Jamiat Singh Road, Moga.

                                                                             ……….   Complainant 

Versus

Aman Enterprises, Shop No.321, 4-Prem Nagar, Akalsar Road, Moga, through its Proprietor/Manager.

                                                                           ………. Opposite Party

Complaint under Section 12 of the Consumer Protection Act, 1986.

Quorum:   Sh. Ajit Aggarwal, President

                   Smt. Vinod Bala, Member

                   Smt. Bhupinder Kaur, Member

Present:      Sh. Rupinder Sharma, Advocate Cl. for complainant.

                   Opposite party exparte.

ORDER :

(Per Ajit Aggarwal, President)

1.                Complainant has filed the instant complaint under Section 12 of the Consumer Protection Act, 1986  (hereinafter referred to as the 'Act') against Aman Enterprises, Shop No.321, 4-Prem Nagar, Akalsar Road, Moga, through its Proprietor/Manager (hereinafter referred to as the opposite party) for directing them to repair the washing machine in question. Further opposite party may be directed to pay Rs.50,000/- as damages alongwith costs of present complaint to the complainant.

2.                Briefly stated the facts of the case are that the complainant is a doctor and is permanent resident of Moga. Opposite party is authorized service centre of IFB Company. Opposite party doing the business of sale and service of electronic goods and also doing Annual Maintenance Contract (AMC) for products of IFB Company. The complainant had purchased washing machine of IFB Company and for hassle free life, she got AMC of the said washing machine from the opposite party on 29.05.2015 by paying a sum of Rs.2585/- and the opposite party issued a receipt vide invoice no.06 dated 29.5.2015. The said AMC is valid from 29.5.2015 to 28.5.2016. As such, there exists a relationship of consumer and service provider between the parties. Prior to getting above noted AMC from the opposite party, the complainant was under impression that the opposite party is well known famous shop and will provide best consumer services to the complainant. In the mid of November, 2015 the said washing machine of complainant got some fault and complainant informed the opposite party on their given phone numbers. Oppoiste party assured the complainant that their executive will visit the residence of complainant and will get repair the washing machine in perfect condition. But inspite of lapse of few days, none on behalf of the opposite party visited the house of the complainant to repair the washing machine. Thereafter, complainant sent written request dated 25.12.2015 to opposite party. Again the opposite party assured the complainant to resolve her grievance very soon. But opposite party failed to send any person to repair the said washing machine. Thereafter, complainant visited the office of opposite party many times, but opposite party always made lame excuses. Thereafter, the complainant sent notice dated 4.1.2016 to opposite party vide registered post. But inspite of receipt of the said notice, the opposite party did not bother to provide the services and to repair the said washing machine. As such, opposite party failed to provide the services as promised by him at the time of AMC. Due to deficiency in service on the part of opposite party, the complainant was compelled to purchase a new washing machine of Samsung Company. Thereafter, the complainant through Power Pleas Legalities Pvt. Ltd. sent legal notice dated 28.01.2016 to opposite party. But that too bore no fruit and opposite party did not repair the said washing machine. The negligent conduct of opposite party for not providing the consumer services amounts to deficiency in service on the part of opposite party. Inspite of receiving money for the AMC and inspite of repeated oral and written requests by the complainant, opposite party failed to repair the washing machine in question. Due to deficiency in service on the part of opposite party, the complainant has suffered financially, physically and mentally. Hence this complaint.

3.                Notice sent to opposite party was received back with the report of "Refusal". As such, opposite party was proceeded against exparte.

4.                In her ex-parte evidence, complainant tendered in evidence her duly sworn affidavit Ex. C-1 and copies of documents Ex. C-2 to Ex. C-10 and closed the evidence.

5.                We have heard the complainant in person and have carefully gone through the record placed on file.

6.                As there is no rebuttal on behalf of the opposite party, we have heard the arguments of complainant and also gone through the pleadings and evidence led by Complainant. The Counsel for the complainant argued that the opposite party is authorized service centre of the IFB company. They are dealing in the business of sale and service of electronic goods and also doing Annual Maintenance Contract (AMC) for products of IFB Company. The complainant had purchased washing machine of IFB company, for it she got AMC from opposite party on 29.05.2015 by paying a sum of Rs.2585/- valid from 29.05.2015 to 28.05.2016. The opposite party duly issued a receipt dated 29.05.2015 regarding it, copy of the receipt is Ex C-4 in November 2015, the said washing machine of complainant got some fault and complainant informed regarding it to opposite party on their phone number. The opposite party assured that their executive will visit the residence of the complainant and will get repair the washing machine into perfect condition, but in spite of lapse of many days none on behalf of opposite party  visited the house of complainant to repair the washing machine. The complainant again on 25.12.2015 sent written request to opposite party. On it the opposite party again assured to complainant to resolve her grievance very soon, but the opposite party has not sent any person to repair the washing machine. Copy of the letter dated 25.12.2015 is Ex. C-7. The complainant visited many times to the office of opposite party, but opposite party always made lame excuse. Thereafter, the complainant sent notice dated 04.01.2016 to opposite party vide registered post but the opposite party did not bother to provide the service and repair to said washing machine of the complainant despite the notice. The copy of the notice is Ex C-6. Due to deficiency in service on the part of the opposite party the complainant was compelled to purchase a new washing machine of Samsung Company. The copy of the bill of new washing machine is Ex C-10. The complainant sent a legal notice dated 28.01.2016 to opposite party, but that too bore no fruit till today the opposite party did not repair the said washing machine. Copy of the notice is Ex C-2. The negligent conduct of opposite party  in not providing the consumer services amounts to deficiency in service on part of the opposite party , in spite of receiving money for the AMC from the complainant  and in spite of repeated, oral and written requests by complainant, the opposite party  did not bother to provide services to complainant. Due to deficiency in service on the part of the opposite party, the complainant suffered great financial loss and mentally and physically harassment. The opposite party s may be directed to repair the washing machine of the complainant and also to pay compensation, damages and cost of litigation to the complainant.

7.                We have heard the arguments of complainant and also gone through the pleadings and evidence produced by Complainant in the exparte evidence. The case of the complainant is that she had a washing machine and she got an annual maintenance contract of washing machine from the opposite party who is authorized service centre of IFB Company. During the period of AMC her washing machine got some fault and she duly informed regarding it to opposite party but they did not repair the said washing machine, in spite of repeated request, written as well as oral due to this negligent course of the opposite party, she compelled to purchase a new washing machine. To prove his case she produced copy of receipt of AMC and copies of the letter and notices sent by her to opposite party requesting them to repair her washing machine under AMC and also produce to bill of new washing machine. All documents proves the case of the complainant and act of the Ops by not repairing the washing machine of complainant during the AMC period, despite repeated requests of the complainant, amounts to deficiency in service and trade mal practice on their part.

8.                In the light of above discussion, the complaint is allowed. The opposite party is directed to repair the washing machine of complainant and to change the defective parts if any free of costs under the Annual Maintenance Contract.  The opposite party is further ordered to pay Rs.3000/- (three thousand only) as compensation for mental agony, harassment and inconvenience suffered by the complainant due to negligence of opposite party. The opposite party is also burdened to pay Rs.2000/- (two thousand only) as litigation expenses to the complainant. Opposite party is directed to comply with the order within one month from the date of receipt of the copy of the order failing which complainant shall be entitled to initiate proceedings under Section 25 and 27 of Consumer Protection Act. Copy of the order be supplied to parties free of cost as per law. File be consigned to the record room. 

Announced in Open Forum

Dated : 07.06.2016

                               (Bupinder Kaur)           (Vinod Bala)                     (Ajit Aggarwal)

                                     Member                     Member                             President