Tamil Nadu

StateCommission

FA/375/2012

SUGANTHI MAHENDRAN - Complainant(s)

Versus

I.F.B. INDUSTRIES LTD - Opp.Party(s)

M. MURALI

03 Jul 2015

ORDER

 

BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION,CHENNAI

BEFORE :   THIRU.A.K.ANNAMALAI                          PRESIDING JUDICIAL MEMBER

                                                      TMT.P.BAKIYAVATHI                               MEMBER

                                                                                         F.A.NO.375/2012

(Against the order in CC.No.275/2009, dated 18.03.2011 on the file of DCDRF, Chennai (South)

DATED THIS THE 3^rd DAY OF JULY 2015

Mrs.Suganthi Mahendran,

23/47, First Main Road,                                        M/s.M.Murali

Indira Nagar,                                            Counsel for Appellant / Complainant

Adyar, Chennai 600 020.

-vs-

1.  I.F.B.Industries Ltd,

     14, Tarantolla Road,

     Kolkata 700 088.

2.  I.F.B.Industries,

     Home Appliances Division,                              M/s.V.T.Narandiran

     4E, Gee Gee Mansion,                             Counsel for Respondents / Opp.parties

     23, College Road,

     Chennai-6.

3.  I.F.B.Industries,

     Home Appliance Division,

     IFB Depot,

     New No.6, Arcot Road,

     Vadapalani, Chennai-26.

          The appellant is the complainant filed a complaint before the District Forum against the opposite parties praying certain relief.  The District Forum dismissed the complaint.  Against the said order, the appellant / complainant filed this appeal praying for to setaside the order of the District Forum in CC.No.275/2009, dated 18.03.2011.    

          This appeal coming before us for hearing finally on 10.06.2015, upon hearing the arguments on both sides, perusing the documents, lower court records, and the order passed by the District Forum, this commission made the following order.

A.K.ANNAMALAI,  PRESIDING JUDICIAL MEMBER

          The unsuccessful complainant is the appellant.

2.       The complainant purchased Micro oven on 24.10.2006 for a sum of Rs.7143/- from the 2^nd opposite party along with warranty for one year.  From 29.10.2006 within 15 days the oven become defective which was replaced with a new one on 13.11.2006 covered with warranty from 15.10.2006 by the 3^rd opposite party. This oven also become unuseful from 7.3.2006 and inspite of several complaints it was not responded by the 2^nd opposite party and after giving a legal notice on 5.6.2007 it was replaced with a fresh warranty from 6.6.2007 to 5.6.2008 even that oven supplied afresh developed rust in December 2007 within 6 months and when it was informed the opposite parties they refused to entertain the complaint without payment of charges alleging that the warranty was only from the date of 1^st purchase on 29.10.2006 and thereby a consumer complaint came to be filed.

3.       The opposite parties denied the allegations admitting the replacement of the Micro oven on 5.6.2007 for the second time against which on 11.2.2008 a complaint was given for the rust in the oven cabinet that was due to mishandling of the oven and it could be serviced with proper cost and there was no warranty.

4.       On the basis of both sides materials after an enquiry the District Forum accepting the contention of the opposite parties relied upon Ex.B1 Annual Maintenance Contract Specimen Form dismissed the complaint.

5.       Aggrieved by the impugned order the complainant filed this appeal contended that the District Forum erroneously dismissed the complaint relied upon Ex.B1 which is unfilled and not related to the complainant.  Further the complainant relied upon 4 documents and the District Forum without proper appreciation dismissed the complaint.  Having supplied new one for the 3^rd time on 6.6.2007 with a warranty for one year upto 5.6.2008 within 6 months the oven become rusted which is to be serviced without any costs.

6.       We have heard both sides contentions and carefully gone through the materials.  It is the case of the complainant that oven replaced with the fresh Micro oven on 6.6.2007 after replacing two more earlier for the defects with a coverage of warranty from 6.6.2007 to 5.6.2008 which was pointed out in the Customer copy under Ex.A3 in which date of purchase mentioned on 6.6.2007 to 5.6.2008 i.e., means it would applicable for one year and in those circumstances before 5.6.2008 Micro Oven become rusty even in December 2007 and thereby the complainant claimed free service under the warranty.  Whereas the opposite parties contended that the purchase was made on 29.10.2006 with one year warranty and before that the warranty period due to defects two Micro oven were replaced which would cover warranty from earlier purchased date on 29.10.2006.  Even though the contentions of the complainant is acceptable, coverage of warranty upto 5.6.2008 as per Ex.A3 when the opposite party contended that rusting may be due to mishandling of the oven which was not disproved by the complainant and further on perusal of the terms and conditions of the warranty which was found available on the reverse of Ex.A1 customer copy for the earlier purchase in which in Limitation No.2 it is stated “ 2) This warranty does not cover any type of painting, plating including rusting etc or defects thereof.”  In condition No.3 “ This warranty does not cover normal wear and tear of parts.”  As per the above it is clear even if the contentions of the appellant is accepted since the warranty will not cover the rusting the complainant cannot claim any free service under the warranty and thereby though the complaint was dismissed on the other grounds by the District Forum in view of the terms and conditions of the warranty which is not covered the rusting of the oven the appeal cannot be maintained against the order of the District Forum, accordingly,

          In the result, the appeal is dismissed by confirming the order of the District Forum, Chennai (South) in CC.No.275/2009 dated 18.03.2011.

          No order as to costs in the appeal.

 

P.BAKIYAVATHI                                                     A.K.ANNAMALAI

    MEMBER                                                    PRESIDING JUDICIAL MEMBER

 

INDEX ; YES/ NO

VL/D;/PJM/CONSUMER