By Smt. PREETHI SIVARAMAN.C, MEMBER
1.Case of the complainant:-
On 21/05/2019 complainant purchased a fully automatic washing machine of opposite party company from Sana Home Bazar, Edappal for an amount of Rs.16,000/-. While purchasing the washing machine, opposite party had offered warranty of ten years. But within one year the washing machine got dyfunct and the complainant contacted the shop from where he purchased the washing machine. But complainant came to know that the above shop was permanently stopped and it was closed. Thereafter complainant contacted the opposite party on 11/10/2019 and registered a complaint as per complaint No.1129331. Due to continuous call from complainant and four months after registering the complaint, on 03/02/2020 a service person from opposite party service centre came and changed the drain hose of the washing machine and said that the complaint was resolved.
2. On 11/02/2020 the above washing machine again got dyfunct and complainant registered a complaint as per complaint No.1164718. Due to the continuous call from complainant, a service person of opposite party again came to complainant’s house and he said that he had rectified the defect. But on 07/07/2020 the above washing machine again got dyfunct and complainant registered complaint as per complaint No.1198721, but nobody approached the complainant to repair the washing machine. Thereafter he again registered a complaint on 04/09/2020 as per complaint No.1212989 and a service person of opposite party came on 06/10/2020 at complainant’s house and he had changed the motor of the washing machine. But it was not working properly. Then complainant called the service person and on 23/10/2020 he came and changed the hanger of washing rub.
3. On 13/11/2021 the above washing again got dyfunct and complainant registered a complaint and the service person of opposite party approached complainant and said that the spare parts of the washing machine not available. Thereafter opposite party was not ready to rectify the defect caused to the washing machine. Due to the act of opposite party, complainant suffered a lot. The above defects were caused during the warranty period. Hence this complaint
4. The prayer of the complainant is that he is entitled to get Rs.16,000/- as the cost of the washing machine and he also entitled to get Rs.10,000/- as compensation on account of deficiency in service on the part of opposite party and cost.
5. On admission of the complaint notice was issued to the opposite party and notice served on them, but they did not turn up. Hence opposite party set exparte.
6. 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 & A2. Ext.A1 is the photocopy of warranty card given by opposite party to complainant, Ext.A2 is the photocopy of invoice issued by Sana Home Bazar to complainant.
7. 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.
8. Hence we allow this complaint as follows:-
- The opposite party is directed to refund Rs.16,000/-(Rupees Sixteen thousand only) the cost washing machine to the complainant.
- The opposite party is also directed to pay compensation of Rs.10,000/-(Rupees Ten 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. 3000/-(Rupees Three 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 12th day of July, 2022.
