Presented by Miss B.L.Dora, Member. <br /> The case pertains to deficiency in service as envisaged under the provision of Consumer Protection Act-1986. In this case, the Complainant had purchased one Electrolux Front loading washing machine bearing Model No. FRW 1045 FX for a cost of Rs. 24,500/-(Rupees twenty four thousand five hundred)only from the Opposite Party No.2(two) vide invoice No. 2562 Dt. 14/10/2004.<br /> <br /> But there was defects occurred in the said machine which was complained by the Complainant through Opposite Party No.2(two) to the Opposite Party No.1(one) at several times but no steps has been taken by them. Then on after several telephonic requests, on Dt. 20/06/2008, the Opposite Party No.1(one) instructed the Complainant to send the said defective washing machine through the Opposite Party No.2(two) for replacement.<br /> <br /> Obeying of this, the Complainant had sent the said machine to the Opposite Party No.1(one) through the Opposite Party No.2(two) vide challan No.1578, dated 21/06/2008 but after this the Opposite Party No.1(one) has neither listen any request of the Complainant nor replaced the same.<br /> <br /> The Opposite Party No.1(one) had also not responded the registered letter of the Complainant Dt.13/04/2009, then reminder on dt. 15/07/2009 which compelled the Complainant to send a pleader notice to the Opposite Parties on Dt. 12/08/2009. On Dt.19/09/2009 the Opposite Parties No.2(two) sent a reply notice on which he had denied his liability on the ground that, he had given service utmost his capability and sent the defective good to the Opposite Party No.1(one) for replacement but the Opposite Party No.1(one) did not took any steps towards it.<br /> <br /> In support of his case, the Complainant has filed the documents as follows:-<br /> (1) Invoice No. 2562 Dt. 14/10/2004.<br /> (2)Complain Dt.13/04/2009, reminder letter Dt. 15/07/2009.<br /> (3)Copy of challan No. 1578.<br /> (4) Copy of Pleader notice Dt.12/08/2009.<br /> (5) Copy of reply notice Dt.19/09/2009.<br /> <br /> The prayer of the Complainant is that the Opposite Party No.1(one) be directed to supply a new machine as specified above to the Complainant or in the alternative pay an amount of Rs. 24,500/-(Rupees twenty four thousand five hundred)only with interest till payment. The Opposite Party No.1(one) further be directed to pay Rs. 20,000/-(Rupees twenty thousand)only towards mental agony and harassment with litigation cost of Rs. 5,000/-(Rupees five thousand)only.<br /> <br /> <br /> In response to this, the Opposite Parties have received summons but failed to file any steps and are set ex-parte.<br /> <br /> Gone through the records and perused the documents, it is found out that, the said washing machine bears same manufacturing defects in it. The Opposite Party No.2(two) did his work by sending the defective machine as early as possible. But the Opposite Party No.1(one) has neither replace it nor intimated anything to the Complainant about this caused deficiency in service and gross negligence in duty on his part towards the consumer.<br /> <br /> Hence, the complaint petition is allowed.<br /> <br /> - O R D E R -<br /> The Opposite Party No.1(one) is directed to refund the cost of the said washing machine, i.e Rs. 24,500/-(Rupees twenty four thousand five hundred)only, Rs. 5,000/-(Rupees five thousand)only for mental agony and Rs. 1,000/-(Rupees one thousand)only for litigation cost to the Complainant within thirty days hence, failing which, the total awarded amount shall carry 18%(eighteen percent) interest per annum till the date of actual payment.<br /> <br /> Complaint allowed accordingly.