Kerala

Malappuram

CC/302/2018

RAMADAS - Complainant(s)

Versus

GDS HYPERMART - Opp.Party(s)

31 Dec 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL
MALAPPURAM
 
Complaint Case No. CC/302/2018
( Date of Filing : 15 Oct 2018 )
 
1. RAMADAS
HILL VIEW HOUSE KONDOTTY PO
...........Complainant(s)
Versus
1. GDS HYPERMART
GDS MALL CHELARI VELLIMUKKU PO
2. MANAGER
GODREJ AND BOYCE MANUFACTURING COMPANY LTD PIROJSHANAGAR VIKHROLI MUMBAI
3. SAFWAN
TECHNICIAN COOL LAND PANDIKAD MANJERI
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. AA VIJAYAN PRESIDENT
 HON'BLE MRS. MINI MATHEW MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 31 Dec 2018
Final Order / Judgement

The complaint is in respect of Washing Machine. The case set up by complainant is as follows.   

           The complainant purchased  a Godrej Washing machine on 09-09-2017 Paying  Rs. 10,700/-(Rupees Ten thousand and five hundred only) from 1st opposite party and that was manufactured by 2nd opposite party. He was told by  opposite party No.1 that  it has got five years warranty .  On 18-12-2017,  the washing machine became defunct and that matter was informed to  1st opposite party  and  he was given a mobile phone number for getting the assistance of technician.  When complainant   called  that mobile number he got an SMS  stating that   one Safwan  of Manjeri Cool land  will come and  repair the washing machine.  The technician  came and   examined the washing machine  and he told that   the brake cable of  the dryer  of washing machine  is to be changed  and as  an when it is obtained,  he would repair  the washing machine.  Then nobody came  for curing the defect.  On 22-12-2017  at 12.31  he got a message   and offered to rectify defects.  There after no response was received by complainant.  Even though the complainant tried to contact in that mobile number nobody attended the phone.   Though complainant made several attempts  to get the washing machine repaired  by contacting  the customer care and  the technician  all attempts  became futile. Thus the complainant  requested for  an order to opposite parties to repair the washing machine immediately or to refund the price of the washing machine which come to Rs. 10700/- (Rupees Ten thousand five hundred only). Complainant also requested  for Rs. 50,000/-(Rupees fifty thousand only) as compensation for financial loss and mental agony and Rs.25000/-(Rupees Twenty five thousand only) as cost of the proceedings.

                The opposite parties were set exparte and complainant filed affidavit  and Ext.A1 to A3 are marked. The claim of complaint is proved.   Thus complaint is allowed  and opposite parties are  directed  to repair the washing machine  and ensure  the efficient functioning of the washing machine within 15 days from the date of receipt of copy of this order failing which  complainant is entitled to Rs. 10,700/-(Rupees Ten thousand and seven hundred only),  the price of the washing machine with 12 % interest  from the date of its purchase till realization.  If  the opposite party  cure all defects of the washing machine  with in the aforesaid periods the complainant will not be entitled to the price of the washing machine. The complainant is also entitled to Rs. 25000/-(Rupees Twenty five thousand only) as compensation for mental agony suffered by him and cost of Rs. 15000/-(Rupees fifteen thousand only)  .  If the compensation and cost  is not paid  within 30 days from the date of receipt  of the copy of this order the complainant will be entitled to the same with interest 12%  per annum from the date of complaint till realization.

            

 Dated  this31st  day  December,2018

A.A.VIJAYAN, PRESIDENT

 

MINI MATHEW, MEMBER

 

 

 

 

 

 

 

APPENDIX

 

Witness examined on the side of the complainant                           :   Nil

Documents marked on the side of  the complainant                        :   Ext.A1to A3

Ext.A1     : Photo copy of Bill dated 03-09-2017.                             

Ext.A2     : Photocopy of warranty card.                                                                

Ext A3     : Printed copy of SMS.

Witness examined on the side of the opposite party                    :   Nil             

Documents marked on the side of the opposite party                  :   Nil-                                                          

                                                                                                                                       

 

                                                                       

 

A.A.VIJAYAN, PRESIDENT

 

MINI MATHEW, MEMBER

 

 

 
 
[HON'BLE MR. AA VIJAYAN]
PRESIDENT
 
[HON'BLE MRS. MINI MATHEW]
MEMBER

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