By. Smt. Beena. M, Member:-
This is a complaint filed under section 35 of the Consumer Protection Act 2019.
2. Facts of the case in brief: The Complainant purchased a washing machine through Amazon IFFALCON (by TCL) Model No.FWF70- G123061A03 FWF70 – G120306IA033 on 25.09.2022 and paid Rs.16,990/-at the time of delivery. The washing machine carried complete warranty for a period of 2 years and 10 years warranty on motor. After 15 months of purchase, the product was found out of function. Therefore, the first complaint was registered on 08.01.2024. As per the request, two technicians came to the house of the Complainant to find out the defect of the washing machine and they found that the board of the washing machine was damaged, but they failed to rectify it. After a month a service technician again came to the house of the Complainant to replace the board and while rectifying it, the motor of the washing machine was found damaged, so they couldn’t rectify the defect. Again, a complaint was registered on 04.04.2024. Thereafter the Complainant requested to replace the product or refund the cost of the product. Then the company informed that they would refund the amount excluding the GST. After that, the customer care service center informed through phone that they would replace the motor of the washing machine. Again, the technician came with a motor of the washing machine for replacing it. But they failed to replace it and the Complainant waited for 5 months either for replacement or for repair the washing machine but there was no response. Hence, the Complainant prays to direct the Opposite Parties to refund the price of the washing machine i.e., Rs.16,990/- and further directed to pay compensation of Rs.50,000/- for the financial and mental agony and also prays to direct to pay Rs.10,000/- as cost of the proceedings.
3. Notice issued to Opposite Party but they failed to appear, so the Commission declared them as ex-party.
4. The Complainant filed proof affidavit and was examined as PW1 and the documents produced were marked as Ext. A1 to A3.
5. The case of the Complainant is that he has purchased washing machine through online for Rs.16,990/-. The said machine defected after 15 months and the Complainant registered a complaint. Thereafter the company technicians came to the house of the Complainant to cure the defect but they failed to rectify the defects. The Complainant registered again registered a complaint, but there was no response from the part of Opposite Parties. So the Complainant filed this complaint. We have considered the evidence of the Complainant and perused the documents submitted by the Complainant from Ext.A1 to A3. Ext.A1 shows that the Complainant has purchased the washing machine for Rs.16,990/- through online from Amazon. Ext.A2 is the certificate of warranty discloses that the machine carries 2 years complete warranty and 10 years warranty on motor from the date of purchase. Here the Opposite Parties No.1 and 2 are not turned up either contesting the case or comply the grievances of the Complainant. This clearly shows the negligence on the part of the Opposite Party. Therefore, we are of the view that there is deficiency in service on the part of the Opposite Party. Hence the Opposite Parties are liable refund the cost of the washing machine along with compensation and cost of the proceedings.
In the result, the complaint is partly allowed and both the Opposite Parties are jointly and severally directed to refund the price of the washing machine i.e., Rs.16,990/-(Rupees Sixteen Thousand Nine Hundred and Ninety Only). The Complainant is directed to return the washing machine to the Opposite Parties at the time of receiving the amount. Further, Opposite Parties are directed to pay Rs.8,000/-(Rupees Eight Thousand Only) towards compensation and Rs.5,000/- (Rupees Five Thousand Only) as cost of the proceedings.
The above order shall comply within 30 days from the date of receipt of this order, failing which the above amount shall carry 9% from the date of this order till realization.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 21st day of November 2024.
Date of Filing:-23.05.2024.
PRESIDENT : Sd/-
MEMBER : Sd/-
APPENDIX.
Witness for the Complainant:-
PW1. Alan Rudi Joseph. Student.
Witness for the Opposite Parties:-
Nil.
Exhibits for the Complainant:
A1. Copy of Bill.
A2. Copy of Warranty Card.
A3. Copy of Tax Invoice/Bill of Supply/Cash Memo. Dt:29.09.2022.
Exhibits for the Opposite Parties:-
Nil.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
ASSISTANT REGISTRAR
CDRC, WAYANAD.
Kv/-
