Chandigarh

DF-I

CC/328/2014

Harjeet Kaur Minhas - Complainant(s)

Versus

IFB Industries Limited - Opp.Party(s)

Gaurav Bhardwaj

10 Aug 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

============

Consumer Complaint  No	:	CC/328/2014
Date  of  Institution	:	13/05/2014
Date   of   Decision	:	10/08/2015

 

 

 

 

 

Harjeet Kaur Minhas wife of Sh.H.S.Minhas, resident of H.No.637, Phase 3-A, Mohali.

….Complainant

Vs.

 

I.F.B. Industries Limited (Home Appliances Division), Plot No. 163-164, Ground Floor, Near Government High School, Mauli Jagran, U.T. Chandigarh, through its Manager/ Authorized Signatory.

…… Opposite Party

 

 

BEFORE:   MRS.SURJEET KAUR             PRESIDING MEMBER

          SH. SURESH KUMAR SARDANA     MEMBER

 

 

For Complainant	:	Sh. Gaurav Bhardwaj, Advocate.
For OP	:	Sh. Devinder Kumar, Advocate.

 

PER SURJEET KAUR, PRESIDING MEMBER

 

 

 

          In brief, the Complainant is having an Annual Maintenance Contract () of her Washing Machine with the Opposite Party for the period 7.9.2013 to 6.9.2015, for which she had paid Rs.5155/- vide Annexure C-1. It has been averred that earlier also, the Complainant got the AMC renewed from the Opposite Party (Annexure C-4 to C-6). It has been alleged that on 10.3.2014, the Washing Machine in question developed some problem and it stopped. A Complaint was registered with the Opposite Party on 11.3.2014. But when even after 21 days, Opposite Party did not bother to repair the same, the Complainant sent a legal notice on 1.4.2014 (Annexure C-2), upon which a Mechanic was sent by the Opposite Party who replaced some parts but left the electric wires inside the machine loose and disconnected along with other loose parts, which lead to tripping of the main electric line. Accordingly, a Complaint was again registered with the Opposite Party on 1.5.2014, upon which a Mechanic was sent after 3-4 days who connected the wires and the circuit inside the machine. Thereafter, on account of loud noise emitting from the machine, the Complaint registered a Complaint with the Opposite Party on 6.5.2014. Pursuant thereto, the Opposite Party sent a Mechanic, who informed that the bearings have been disintegrated inside the machine. The said Mechanic did not repair the Washing Machine and told the Complainant that it would be repaired after 15 days. It has been alleged that the washing machine of the Complainant is not working since 11.3.2014 and the Opposite Party is unable to rectify the defect and repair the machine in order to make it working perfectly fine. When all the frantic efforts made by the Complainant, failed to fructify, as a measure of last resort, alleging that the aforesaid acts of the Opposite Party tantamount to deficiency in service and unfair trade practice, the Complainant has filed the instant Complaint u/s 12 of the Consumer Protection Act, 1986, seeking various reliefs. 

  

2.     Notice of the complaint was sent to Opposite Party, seeking its version of the case.

 

3.     Opposite Party in its reply, while admitting the factual matrix of the case, has pleaded that the Complaint of the Complainant was received on 11.3.2014 and the same was promptly attended on the same date (Annexure R-2). The answering Opposite Party replaced bearing on free of cost basis and demonstrated the washing machine to the entire satisfaction of the Complainant. It has been asserted that after receipt of notice from this Forum, the Technician of Opposite Party namely, Mr.Hakam Singh visited the house of the Complainant to do the needful, if required, but the Complainant has not permitted the said inspection. While admitting the receipt of legal notice dated 1.4.2014, it has been pleaded that the same was promptly replied. The Mechanic of the Opposite Party visited to the house of the Complainant on 1.5.2014 and found that the washing machine was properly working. Full load was put upon the washing machine and nothing wrong was found (Annexure R-3). It has been further pleaded that the Complainant did not lodge any other Complaint, as no Complaint is pending with the answering Opposite Party. There is no defect in the washing machine, which needs to be rectified. The washing machine was working perfectly and requires no service. Denying all other allegations and stating that there is no deficiency in service on its part, Opposite Party has prayed for dismissal of the complaint. 

 

 

4.     Parties were permitted to place their respective evidence on record in support of their contentions.

 

5.     We have heard the learned Counsel for the parties and perused the record with utmost care and circumspection, along with the written arguments filed on behalf of both the sides.  

 

6.     It is evident from Annexure C-1 the Receipt-cum-Invoice that Annual Maintenance Contract (AMC) was entered into between the parties for the period from 7.9.2013 to 6.9.2015 and the Complainant paid Rs.5155/- towards the same. The main grouse of the Complainant is that she spent a lot of money on the AMCs of her Washing Machine in question, but the Opposite Party had not provided timely and effective services under the AMC as per its terms & conditions.

 

7.     The stand taken by the Opposite Party is that as and when the Complaint was reported to it, prompt and proper service was provided to the Complainant. It has been urged that even bearings were replaced free of cost and the machine in question was repaired to the entire satisfaction of the Complainant. It has been further urged that after receiving the notice from this Forum, the Technician of the Opposite Party visited the house of the Complainant to do the needful, but the Complainant herself did not permit for the inspection.

 

8.     The Opposite Party has placed on record a copy of the AMC terms and conditions as Annexure R-1. Clause No.1, 5 and 7 thereof reads as under: -

 

“1.  During the contract period, defects if any in the appliance shall be rectified by the company or by its authorized service franchises, either by new parts or by reconditioned parts, solely at the discretion of the company. 

 

5.   This contract is not terminable before expiry period, nor transferable to any other person in the event of sale/gift of the machine.

 

7.   This maintenance contract shall be offered only to appliances having to appliances having no defects at the time of entering into contract.”

 

         

          From above, it is evident that it only the Opposite Party who after verifying that the washing machine in question is 08 years old and there is no defect therein at the time of entering into contract with the Complainant, entered into the AMC in respect of the said machine with the Complainant. The Opposite Party thus liable to honour the terms & conditions of its own AMC.

   

9.     It is important to mention here that during the proceedings of the case, the Complainant filed an application on 12.1.2015 for the direction to Opposite Party to produce the original job-sheets and the entire electronic Complaint record, but inspite of getting sufficient time, the Opposite Party did not consider it necessary to produce the same.  We feel that the Complainant has nowhere alleged about the manufacturing defect, but her only grouse is that the AMC was not properly honoured by the Opposite Party. Therefore, the inaction on the part of the Opposite Party in not producing the job card of the repairs which were signed by the Complainant with specific remarks and non-providing the proper services despite charging the requisite amount before entering into the AMC with the Complainant, proves deficiency in service on its part, which certainly has caused immense, mental and physical harassment to the complainant.

 

10.     In the light of above observations, we are of the concerted view that the Opposite Party is deficient in giving proper service to the complainant and having indulged in unfair trade practice. Hence, the present complaint of the Complainant deserves to succeed against the Opposite Party, and the same is allowed, qua it. The Opposite Party is directed to:-

 

[a]  To repair the washing machine to the utmost satisfaction of the Complainant, as per the AMC;

 

[b]  To pay a compensation of Rs.5,000/- on account of deficiency in service and causing mental and physical harassment to the complainant. 

 

[c]  To pay Rs.3,000/- towards litigation costs. 

 

11.     This order shall be complied with by the Opposite Party within one month from the date of receipt of its certified copy; thereafter, Opposite Party shall pay the amount at Sr. No. [b] above with interest @12% per annum from the date of filing of the complaint, till realization, besides complying with directions at Sr. No.[a] and [c] above.

 

12.     The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

10^th August, 2015                             

Sd/-

(SURJEET KAUR)

PRESIDING MEMBER

 

 

Sd/-

(SURESH KUMAR SARDANA)

MEMBER