Date of filing   :   13-06-2012 

                                                                                    Date of order  :   17 -08-2012

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                                CC.200/2012

                         Dated this, the   17^th      day of   August    2012

PRESENT

SRI.K.T.SIDHIQ                                             : PRESIDENT

SMT.P.RAMADEVI                                      : MEMBER

SMT. K.G.BEENA                                        : MEMBER

Benny Jose, S/o. Jose,                                } Complainant

Ebin Villa,  Adukkathbail,

Kasaragod.

(Adv.Johnson M.A. Kasaragod)

1. Authorised Signatory,                               } Opposite parties

    National Radio Electronics Cor.

    Near New Bus Stand, Kasaragod.

(Adv.K.V.Rajendrakumar, Hosdurg)

2. The Authorised Signatory,

     Reg.Office, Videocon Industries Ltd,

    14,Kms Stone, Aurangabad,

     Paitham, Aurangabad.Dist. 431105.

                                                                        O R D E R 

SRI.K.T.SIDHIQ, PRESIDENT       

            The case of the complainant in brief is that the Washing Machine he purchased from the shop of opposite party No.1 on 21-06-2010 for `15,500/- manufactured by opposite party No.2 became defective soon after its purchase.  Though he complained about the defects to opposite party No.1 the technician sent by opposite party No.1 could not rectify the defects permanently.  As a result the complainant constrained to keep the washing machine idle for most of the days.  Since the technicians could not repair it from the house of the complainant they took the Washing machine to the service centre of opposite party situated in Kanhangad and now it is with them.

2.         After receiving the complaint notices were issued to both opposite parties. Today when the case is taken up, both the opposite parties and the complainant were represented.  Opposite party No.2 represented by their Senior Executive Vinilkumar. He  submitted that they are ready to replace the washing machine  with a different  variant of the same company.  The counsel representing the complainant agreed with this offer.  Therefore we pass the following order.

3.         Complaint is allowed and opposite parties are jointly and severally directed to replace the Washing machine of the complainant now lying in the service centre of opposite party No.2 with a new one of the same company.   The complainant had the option to choose the variant which he likes.   If the washing machine opted by the complainant is of a higher amount than that of his old washing machine then he has to pay the balance amount or if the washing machine selected by him is of a lesser price, then the balance due from  `15,500/- shall be refunded to the complainant.  Time for compliance is limited to 30 days from the date of receipt of copy of the order.  Failing which both opposite parties are jointly and severally liable to refund the purchase price of the washing machine i.e. `15,500/- with interest @ 9% from today till payment. There is no order as to costs.

     Sd/-                                                 Sd/-                                              Sd/-

MEMBER                                           MEMBER                                           PRESIDENT

Pj/                                                                    Forwarded by Order

                                                               SENIOR SUPERINTENDENT