O R D E R

By Sri. C.T. Sabu, President :

          The case of the complainant is that the complainant purchased a front load washing machine from the 4^th opposite party, manufactured by IFB Industries Limited represented by 1^st to 3^rd opposite parties. The sales executive of the 4^th opposite party induced the complainant and his family to purchase the washing machine of the specific brand name ‘IFB Digital EX 6 KG’ manufactured and marketed by 1^st to 3^rd opposite parties. They made the complainant to believe that the above said machine is a smart selling product of IFB and it is a trouble free machine well supported by the service. Believing the words of the employees of the 4^th opposite party establishment, the complainant purchased the machine for an amount of Rs. 27,499.73/- . The 4^th opposite party has issued a retail invoice dtd.13/08/2008 to the complainant. The complainant was also told that the machine was supported by warranty for a period of 2 years and thereafter the complainant could take annual maintenance contract for the further service supports. Warranty card was issued to the complainant on the very particular day. But within a short span of time the machine started performing in an abnormal way and the complainant was inclined to launch a complaint before the 1^st opposite party. But complaint was filed by the complainant on 16/09/2008 and allotted a complaint number 2188215. The opposite parties have taken 18 days to rectify the defects of the machine. Later on one reason or other the machine became break down on various occasions. Accordingly complaints were launched on 21/01/09, 08/10/10, 06/06/11, 20/06/11, 15/09/11, 04/11/11, 15/05/12and on each occasion service people of the 1^st to 3^rd opposite parties took 5,33,7,5,10,11 and 9 days respectively to rectify the defects in such occasions. At each time of the repair service people of the opposite party also made the complainant to purchase certain things namely 1. Trolley cum stand 2. IFB electronic High Low cut out, 3. Additional filter, 4. Washing powder etc. Realising the threat the complainant took the AMC on 11/03/12 for a period of one year up to 11/03/13. Again dissatisfaction on the functioning of the machine was intimated by the complainant to the manufacturers and their employees on various instances. Rather than disclosing the real defects of the machine, the opportunities were used by them to  raise doubt against the power and water supplied by the complainant. Finally the machine stopped its functioning on 04/08/12 and again the complainant launched a compliant before the opposite parties. After  furnishing the complaint on the 28^th day, as a routine process the   untrained an unprofessional staffs of opposite party company operated the machine, split into pieces and dump them rashly and carelessly on the floor and left them out, saying that they will be back on next day and will get it repaired. Subsequently they never turned up. So the complainant had sent a legal notice dtd. 19/09/12 but there was no positive steps taken by the opposite parties. Subsequently they never turned up. Hence this complaint is filed.

          2) On receiving complaint notice was issued to all the opposite parties. 1^st to 3^rd opposite parties appeared through their counsel and filed a common version. 4^th opposite party appeared through his counsel and filed a separate version. In their version 1^st to 3^rd opposite parties have denied the averments made in the complaint and admitted the purchase of the machine. They also admitted warranty given for the machine was 2 years from the date of purchase and the period was expired on 12/03/10. They raised a contention that complaint is filed about 2 years of expiry of warranty period. So the complainant is not entitled for replacement of washing machine or refund of the price of washing machine. The grievances of the complainant were attended in time. Almost all the time, the complaints made by the complainant were duly attended and the complaints of the machine was rectified in time. Service requirements were due to the prolonged frequent usage and misuse of the washing machine by the complainant. Opposite parties are ready and willing to replace the drum & tub of the machine on free of cost as per the terms and annual maintenance contract. Hence, this complaint has to be dismissed with compensation and cost of 1^st to 3^rd opposite parties.

          3) The 4^th opposite party also denied the averments made in the complaint but admitted the purchase of the machine. The main contention put forward by this opposite party is that they are only a dealer and if there is any manufacturing defect of the machine, only the 1^st to 3^rd opposite parties are responsible. From their part they have complied their duties as per the warranty conditions. They have replied to the lawyer notice in time stating the facts. There is no deficiency in service from their part and they are not liable for any manufacturing defects caused to the washing machine. So the complaint against them to be dismissed.

          4) The case was posted for evidence. The points for consideration are

1. Whether there is any deficiency in service or unfair trade practice on the part of opposite parties ?
2. If so reliefs and costs ?

5) When the case was posted for evidence complainant filed detailed proof affidavit in which he affirmed and explained all the averments made in the complaint. He also produced 14 documents which are marked as Exts. P1 to P14. Ext. P1 is the Invoice from Nandilath G-Mart dtd. 13/03/2008; Ext. P2 is the Warranty Card; Ext. P3 is the Invoice cum Receipt dtd. 03/10/08; Ext. P4 is the Invoice cum Receipt dtd. 11/03/12; Ext. P5 is the Annual Maintenance Contract dtd. 11/03/12; Ext. P6 is the Sale Bill of Two Be Associates dtd.04/03/08; Ext. P7 is the Sale Bill of Two Be Associates dtd. 13/11/09; Ext. P8 is the Sale Bill of Two Be Associates dtd. 19/11/09; Ext. P9 is the Legal Notice dtd. 19/09/12; Ext. P10 is the Postal Receipt; Ext. P11 is the A/D Card; Ext. P12 is the Reply Notice dtd. 24/09/12; Ext. P13 (SP) is the Photograph of the Washing Machine and Ext. P14 is the Bill dtd. 07/11/12. The photographer was examined as PW1 and through him documents P13 & P14 are marked. The opposite parties 1 to 3 not filed any counter affidavit or adduced any evidence from their part. The 4^th opposite party filed counter proof affidavit in tune of version filed by him. In their affidavit they have repeated the contention in the version. They have never induced the complainant to buy the machine but also admitted that the IFB machine is a world famous one and the complainant purchased the machine with his own will. The 4^th opposite party only a dealer and if there is any manufacturing defects the manufacturer of the machine is only liable to the complainant.

6) We have gone through the contentions of the proof affidavit and the arguments raised by the complainant as well as the opposite parties. From the Ext. P13 document it can be seen that the machine split into pieces. The 1^st to 3^rd opposite parties admitted almost all the complaints made by the complainant in several occasions in their version except the 8^th complaint. The exception given by the opposite parties appears to be very strange. The opposite parties 1 to 3 also failed to adduce any evidence with regard to their contentions. The 4^th opposite party somewhat managed to prove their case. As the dealer of the machine they can only intimate the complaints before the manufacturer. It is also admitted by the opposite parties 1 to 3 and AMC also was taken by the complainant. It is evident that the machine was in the condition as shown in the photograph at the time of complaint. From the side of the opposite parties 1 to 3 there was clear deficiency in service and unfair trade practice. As there is no contra evidence adduced by the opposite parties, we have no option than to believe the affidavit and evidence of the complainant.

7) Any how the complainant used the machine for a period of nearly four and half years. So we are in the opinion that the complainant is not entitled for the replacement of the machine or for the refund of the full value of the machine. In our view he is deserved to get a compensation in lumpsum and cost for the grievances suffered by him. The depreciation aspect of the machine also to be considered since the complainant used the machine for nearly four and half years.

In the result, we here by allow Rs.20,000/- (Rupees Twenty thousand only) to the complainant as compensation and cost. The opposite parties 1 to 3 are directed to pay the amount to the complainant within one month from the date of receipt of this order. If failed the complainant is entitled to get 9% interest from the date of this order.

            Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 30^th day of December 2020.  

   Sd/-                                        Sd/-                                                        Sd/-

Sreeja S.                          Dr.K.Radhakrishnan Nair                  C. T. Sabu

Member                           Member                                             President

                                                    Appendix

Complainant’s Exhibits :

Ext. P1 Invoice from Nandilath G-Mart dtd. 13/03/2008

Ext. P2 Warranty Card

Ext. P3 Invoice cum Receipt dtd. 03/10/08

Ext. P4 Invoice cum Receipt dtd. 11/03/12

Ext. P5 Annual Maintenance Contract dtd. 11/03/12

Ext. P6 Sale Bill of Two Be Associates dtd.04/03/08

Ext. P7 Sale Bill of Two Be Associates dtd. 13/11/09

Ext. P8 Sale Bill of Two Be Associates dtd. 19/11/09

Ext. P9 Legal Notice dtd. 19/09/12

Ext. P10 Postal Receipt

Ext. P11 A/D Card

Ext. P12 Reply Notice dtd. 24/09/12

Ext. P13 (SP) Photograph of the Washing Machine

Ext. P14 Bill dtd. 07/11/12.

Complainant’s Witness :

PW 1 Mehaboob

                                                                                                    Id/-                                                                                                                                                                            President