BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENAKUMARI. A : MEMBER

SMT. S.K.SREELA : MEMBER

C.C. No. 168/2011 Filed on 26.05.2011

Dated : 30.09.2011

Complainant :

Baby Gomez, Emmaus, BP X/1102, Anthiyoor, Balaramapuram P.O, Thiruvananthapuram.

(By adv. Vijayamohan. R)

Opposite parties :

1. Ideal Home Appliances, T.C 28/177, Opp: Telephone Exchange, Kaithamukku Junction, Thiruvananthapuram-695 023.

    

2. Videocon Industries Limited, 14 KM Stone, Aurangabad, Paithan Road, Chitagaon District, Aurangabad-431 185.

    

3. Tekcare India Pvt. Limited, 15 KM Stone, Aurangabad, Paithan road, Village Chitagaon, Taluk Pithan, Aurangabad-431 105, Maharashtra.

This O.P having been heard on 20.09.2011, the Forum on 30.09.2011 delivered the following:

ORDER

SMT. BEENAKUMARI.A: MEMBER

Facts of the case are as follows: On 09.01.2011 the complainant purchased one Whirlpool Refrigerator for Rs. 15,000/- and one Electrolux Washing machine 6 kg model for a valid consideration of Rs. 10,900/- vide invoice No. 1-006550. After a week’s use the filter box showed defects and it became loose and got separated from the washing machine. When it was informed to the 1^st opposite party they directed the complainant to fix it in the original position. As per the direction it was fixed then also the filter box showed defects. On 04.02.2011 the complainant approached the 1^st opposite party and requested to replace the same. As per the direction of the 1^st opposite party complainant informed the call centre. It was registered and told to wait for a day to get the complaints cured. Nobody came and cured the defects. On 08.02.2011 also the complainant contacted the call centre as directed by the 1^st opposite party. It was assured that the defects will be cured within a day by replacing the defective part. But no response was received from any of the responsible persons of the company. Since the washing is kept idle the complainant issued advocate notice to the opposite parties who are equally and severally liable for the unfair trade practice and deficiency in service. But no response from their side till date. Hence this complaint.

In this case complainant has filed proof affidavit and produced 4 documents to prove his case. The opposite parties in this case accepted notice of this complaint issued from this Forum. But they never turned up to contest the case. Hence they set exparte.

Points to be ascertained :

1. Whether there is unfair trade practice and deficiency in service from the side of opposite parties?

2. Whether the complainant is entitled to get the reliefs and costs sought for?

    

Points (i) &(ii):- Complainant in this case purchased an Electrolux washing machine 6 kg model for Rs. 10,900/- from the 1^st opposite party on 09.01.2011 vide invoice No. 1-006550. Copy of the invoice is produced here and marked as Ext. P1. This invoice prove the purchase. But after a week’s use the filter box showed defects and it became loose and separated from the washing machine. That the complainant informed the complaint to the 1^st opposite party, the dealer, then the 1^st opposite party directed him to fix the same in actual position. When it was done accordingly also the filter box showed defects. As per the direction of the 1^st opposite party the complainant registered the complaint in the call centre. But nobody came to cure the defects. Thereafter the complainant complained through telephone to the opposite parties. Then they assured that the defect will be cured within a day. But till day they have not cured the defects. Thereafter on 28.02.2011 the complainant had sent an advocate notice to the opposite parties. Copy of advocate notice marked as Ext. P2. Ext. P3 is the copy of postal receipts. Ext. P4 is the copy of letter issued by the 1^st opposite party to the Branch Manager, PE Electronics Ltd. informing them to do the needful immediately to the complaint against the Electrolux washing machine of the complainant. But there was no response from them. The complainant in this case has purchased the washing machine manufactured by the 2^nd opposite party from the 1^st opposite party for an amount of Rs. 10,900/-. But within a week it became defective. But the opposite parties never turned up to cure the defects. The washing machine is kept idle in his house and the same is of no use to the complainant. From the documents and pleadings of the complainant we find that there is unfair trade practice and deficiency in service from the side of opposite parties. In this case through Ext. P4 document the 1^st opposite party admits that the washing machine has some defects and 1^st opposite party requested the service centre to do the needful immediately. Hence we have not directed the complainant to go for the proceedings under Sec. 13(1)(c) of the Consumer Protection Act. From the pleadings we find that the defect was the filter box loose and it separated from the washing machine. The opposite parties can easily cure the defects. But they were not ready to cure the defects inspite of the repeated requests of the complainant. They never responded to the advocate notice issued by the complainant. In these circumstance we allow the complaint.

In the result, the opposite parties 1 to 3 are directed to cure the defects of the washing machine free of cost or if it cannot be cured replace it with a new same model washing machine, to the complainant. Opposite parties shall pay Rs. 5,000/- as compensation and costs to the complainant. Opposite parties are jointly and severally liable for the same. Time for compliance one month from the date of receipt of the order. Otherwise 12% annual interest shall be paid to the amount.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 30^th day of September 2011.

Sd/- BEENAKUMARI. A : MEMBER

Sd/-

G. SIVAPRASAD : PRESIDENT

Sd/-

S.K. SREELA : MEMBER

jb

C.C. No. 168/2011

APPENDIX

I COMPLAINANT’S WITNESS :

NIL

II COMPLAINANT’S DOCUMENTS :

P1 - Copy of retail invoice dated 09.01.2011

P2 - Copy of advocate notice dated 28.02.2011

P3 - Copy of postal receipts.

P4 - Copy of letter issued by 1^st opposite party to Branch Manager,

PE Electronics Ltd.

III OPPOSITE PARTY’S WITNESS :

NIL

IV OPPOSITE PARTY’S DOCUMENTS :

NIL

Sd/-

PRESIDENT