Date of Complaint : 29.04.2013
Date of Order : 09.02.2015
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)
2nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3
PRESENT : THIRU. B. RAMALINGAM, M.A.M.L., : PRESIDENT
THIRU.L. DEENDAYALAN, M.A.B.L., : MEMBER I
TMT.K. AMALA, M.A. L.L.B., : MEMBER II
C.C.No.135/2013
THIS MONDAY , THE 9TH DAY OF FEBRUARY 2015
Mrs. Thilagavathi,
No.390, KVB Garden,
RA Puram,
Cehnnai – 28. .. Complainant.
- Vs-
1. M/s. MIRC Electronics Limited, By its Manager, Onida House G 1 MIDC, Mahakali Caves Road, Andheri East Mumbai 400 093. 2. Girias Investments, By its Manager, “PA Building”, No.48, Venkatakrishna Road, RA Puram, Chennai 28. ..Opposite parties. | | .. Opposite party. |
| | |
For the complainant : Tr. S. Natarajan, Advocate
For the opposite parties : M/s. K. Mariappan & others ( Exparte)
Complaint under section 12 of the Consumer Protection Act, 1986 for a direction to the opposite party to replace the Onida Washing machine (FA) WO 70FML 2GR” with new washing machine giving fresh warranty, without any demur or demand or pay its cost Rs.16800/- with interest and to pay sum of Rs.1,00,000/- as damages for deficiency of service and Rs.2,00,000/-for mental agony and pain and Rs.25,000/- as cost of this complaint to the complainant.
ORDER
THIRU. B. RAMALINGAM, PRESIDENT
1. The Case of the complainant is briefly as follows:
The complainant has purchased a new “Onida Washing Machine (FA)WO 70FML 2GR” from the 2nd opposite party on 8.2.2012 and manufactured by the 1st opposite party for Rs.16,800/-. The said Washing machine was delivered on 9.2.2012 carried a warranty of 24 months from the date of invoice bill. The warranty card had not been given till date. The said washing machine was not properly functioning and the complainant informed the opposite parties about the non-working of the washing machine but the opposite parties’ service personnel have inspected the said washing for repairs and over on 5.1.2013 to the complainant. Again it was failed to work and not properly functioning from 10.1.2013. Hence the complainant had issued a legal notice to the opposite parties on 28.1.2013 and the opposite parties who received the notice failed reply or place till date. As such the act of the opposite parties is amount to deficiency in service and which caused mental agony and sufferings to the complainant. As such the complainant has sought for replace the defective “Ondia Washing Machine (FA) WO 70 ML 2GR” with a brand new washing machine giving fresh warranty without any demnur or demand or pay its cost of Rs.16,500/- with interest and to pay a sum of Rs.1,00,000/- as damages for the deficiency of service of the opposite parties and to pay a sum of Rs.2,00,000/- for the mental agony and pain and Rs.25,000/- as cost of this complaint.
2. Even after receipt of the notice from this forum in this proceeding, the opposite parties did not appear before this Forum and did not file any written version. Hence the opposite parties were set exparte on 28.08.2014
3. Complainant has filed his proof affidavit and Ex.A1 to Ex.A3 were marked on the side of the complainant.
4. The points that arises for consideration are as follows:
1. Whether the opposite parties committed any deficiency
in service?
2. To what relief the complainant is entitled to ?
5. POINT NOs: 1 & 2:
Perused the complaint, proof affidavit filed by the complainant, Ex.A1 to Ex.A3 and considered the arguments of the complainant’s counsel. The complainant’s case is that the complainant has purchased the Onida Washing Machine from the 2nd opposite party which has been manufactured by the 1st opposite party for Rs.16,800/- under the Bill 8.2.12 Ex.A1 and the same was not properly functioning due to the same and the information made by the complainant, the opposite parties Service Personnel have inspected the said washing machine and after repairs handed over it on 5.1.2013 to the complainant and again it had failed to work and not properly functioning from 10.1.12013. Again despite of notice and personal information the opposite parties have neither repaired the washing machine nor replaced the said washing machine with a new machine are all acceptable and proved by the complainant proof affidavit and the documents. Further the opposite parties though appeared through counsel in beginning of this proceedings, but subsequently not filed written version and not contested the case as such they remain set exparte in this proceedings. Therefore there is no valid denial or contrary evidence on the side of the opposite parties. Therefore as stated by the complainant side, the opposite parties have not handed over the warranty card to the complainant and subsequently when the said washing machine failed to work and not functioning properly despite of complainant’s request neither repaired the machine nor replaced the same with new machine and by this act, the opposite parties have committed deficiency of service, which caused mental agony and hardships to the complainant is also acceptable. Therefore we are of the opinion that the opposite parties is liable to replace the said the defective washing machine with a new one in similar model or to pay its cost of Rs.16,800/- (Rupees Sixteen Thousand and eight hundred only and to pay a sum of Rs.10,000/- as just compensation for mental agony and hardships and also to pay a sum of Rs.5,000/- as cost to the complainant and the points 1 & 2 are answered in favour of the complainant.
In the result, the complaint is allowed in part. The opposite parties are jointly and severally directed to replace the defective “Onida Washing Machine (FA) WO 70FML 2GR with a new one in similar model or to pay its cost of Rs.16,800/- (Rupees Sixteen Thousand and eight hundred only) and also directed to pay a sum of Rs.10,000/- (Rupees ten thousand only) towards compensation for mental agony and hardship and to pay a sum of Rs.5000/- (Rupees Five thousand only) towards cost of the complaint to the complainant.
The above amounts shall be payable within 6 weeks from the date of receipt of copy of this order, failing which the amount shall carry interest at the rate of 9% per annum from the date of order till the date of realization.
Dictated to the steno-typist transcribed and typed by her corrected and pronounced by us on this the 9th day of February 2015.
MEMBER-1 MEMBER-II PRESIDENT.
Complainant’s Side Documents:-
Ex.A1 – 08.02.2012 – Copy of Finance Bill.
Ex.A2- - - Copy of User Manual.
Ex.A3- 28.1.2013 - copy of legal notice with ack.
.
Opposite parties’ Document’s : .. Nil .. (exparte)
MEMBER-1 MEMBER-II PRESIDENT.
