DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No. 722/2010
Smt. Beena Poddar
W/o Sh. Sanjay Poddar
R/o 304, New Modern Appartment,
Sector-9, Rohini, New Delhi ….Complainant
Versus
M/s Godrej & Boyce Mfg. Co. Ltd.
Khasra No.315/316/316-A
Near Jai Hanuman Dharam Kanta
Hauz Khas, Delhi-110036
Also at:
M/s Godrej & Boyce Mfg. Co. Ltd.
Godrej Bhavan, 1st Floor
Sher Shah Suri Marg
Opp. Okhla Railway Station,
New Delhi-110065 ……Opposite Party
Date of Institution : 15.12.10 Date of Order : 29.01.16
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
O R D E R
The case of the Complainant, in brief, is that the Complainant had purchased a Semi-Automatic Washing Machine from OP two or three years ago which was covered under the AMC (Annual Maintenance Charges) scheme. The washing machine started creating problem and remained out of work frequently. OP tried their level best to remove the defect but failed to do so. Thereafter a complaint had been filed before the Consumer Forum. OP offered to exchange Semi- Automatic Washing Machine with fully automatic washing machine and Complainant had to pay to Rs.15,700/- in lieu of that and agreed to the proposal of the OP and purchased automatic washing machine by paying Rs.15,700/-. The new fully automatic washing machine was creating problem and not working properly and she made several complaints to the OP. OP tried to remove the defect but the washing machine could not be repaired. OP refused to entertain the complaint. Hence, pleading deficiency in service on the part of the OP the Complainant has prayed that OP be directed to provide a new fully automatic washing machine and to pay a sum of Rs.50,000/- for harassment and mental agony undergone by the Complainant.
No one has appeared on behalf of the OP to contest the claim of the Complainant and, hence, OP has been proceeded exparte vide order dated 26.03.12 passed by our Predecessors.
Complainant has filed her affidavit in exparte evidence and written arguments. We have heard the Complainant and have also gone through the file.
It transpires that during the pendency of the case on 25.07.12 the OP’s AR Sh. Vijay Kumar, Deputy Manager appeared and stated that if the repair to the machine was not possible they will refund the amount to the Complainant. On 8.8.12 the Deputy Manager of the OP appeared and offered to refund the amount without any compensation. However, the husband of the complainant refused to accept the actual amount.
Complainant has not filed the copy of the order passed by the Consumer Forum nor the copy of invoice against which she had been given an automatic washing machine in lieu of the old semi-automatic machine on payment of Rs. 15,700/-.
The OP has come to the Forum with clean hands and offered to pay the actual cost amount to the complainant but the same was refused on her behalf.
We do not know the actual sale price of the automatic washing machine on the relevant date nor do we know the date of exchange of the machine. Complainant had earlier used the semi-automatic machine. Therefore, in view of the facts recorded in the order-sheet dated 8.8.12, we direct the OP to refund the amount of Rs. 15,700/- to the complainant.
The order shall be complied within 30 days of receipt of copy of this order failing which OP shall become liable to pay interest @ 6% per annum from the date of filing of the complaint till its realization.
In the facts and circumstances of the case discussed hereinabove, we do not award any compensation to the complainant.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 29.01.16.
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
Case No. 722/2010
29.1.2016
Present – None.
Vide our separate order of even date pronounced, the complaint is allowed. OP is directed to refund the amount of Rs. 15,700/- to the complainant. The order shall be complied within 30 days of receipt of copy of this order failing which OP shall become liable to pay interest @ 6% per annum from the date of filing of the complaint till its realization. In the facts and circumstances of the case discussed hereinabove, we do not award any compensation to the complainant. Let the file be consigned to record room.
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
