By Smt. PREETHI SIVARAMAN.C, MEMBER
1.Case of the complainant:-
On 29/06/2020, complainant had purchased a Star rating semi automatic Top loaded Washing machine worth Rs.8099/- from opposite party by using his debit card. The washing machine had two years comprehensive warranty and five years warranty on its motor. Within six months of its use it got dyfunct and the service person came to complainant’s house for rectifying the defect. But at the time of repairing the washing machine, the door of the washing machine damaged due to the negligence from the service person of opposite party. Then the service person informed about this to opposite party and they advised the complainant to register a complaint. As per their advice complainant registered an email complaint
2. On 10/10/2021 a technician from the service centre of opposite party came with a door of washing machine and connected that door with the washing machine. Then he said to complainant that the door he had taken has changed and that door was not fit with complainant’s washing machine. Then he had taken the new door with him and he had connected the old door in complainant’s washing machine. But there was no reply up to one month from opposite party, and complainant contacted the service centre through phone and they replied to complainant that the door was not in stock. Thereafter complainant contacted them through phone and he had sent mail to opposite party and the service centre, but no reply received. On 14/12/2021 complainant received a reply from service centre that complainant will get the door free of cost. But complainant neither received the new door for his washing machine nor anybody came to complainant’s house for repairing the washing machine. There is clear deficiency of service from the side of opposite party and the service centre. It caused mental agony and hardships to complainant. Hence this complaint.
3. Prayer of the complainant is that, he is entitled to get Rs. 50,000/- as compensation for the deficiency of service from the side of opposite party which caused mental agony and hardships to the complainant and he is also entitled to get the travelling expenses and cost of the proceedings.
4. On admission of the complaint notice was issued to the opposite party and notice served on them and they did not turn up. Hence opposite party set exparte.
5. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 and A2. Ext.A1 is the copy of tax invoice dated 29/06/2020, Ext.A2 is the copy of the details regarding the shipping and other details of washing machine dated 29/06/2020.
6. The allegations against opposite party is proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced two documents which are very supportive to prove his case. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite party as alleged in the complaint. Hence we allow this complaint holding that opposite party is deficient in service.
7. Hence we allow this complaint as follows:-
- The opposite party is directed to refund Rs.8,099/-(Rupees Eight thousand and ninety nine only) the cost of the washing machine to the complainant.
- The opposite party is also directed to pay compensation of Rs. 25,000/-(Rupees Twenty five thousand only) to the complainant on account of deficiency in service on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite party is also directed to pay Rs.2000/-(Rupees Two thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite party is liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 30th day of September, 2022.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1& A2
Ext.A1 : Copy of tax invoice dated 29/06/2020.
Ext.A2 : Copy of the details regarding the shipping and other details of washing
machine dated 29/06/2020.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
