IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Saturday the 30th day of January, 2016
Filed on 12.10.2015
Present
1. Smt. Elizabeth George (President)
2. Sri. Antony Xavier (Member)
3. Smt. Jasmine D (Member)
in
CC/No.303/2015
Between
Complainant:- Opposite party:-
Sri. R. Kesava Pillai I.F.B. Point, I.F.B. Washing Machine
Manu Nivas Show Room, Near Private Bus stand
Thekkemankuzhy Mavelikara
Pullikkanakku P.O.
Alappuzha – 690 537
O R D E R
SMT. JASMINE D. (MEMBER)
The case of the complainant in short is as follows:-
The complainant purchased a washing machine from the opposite party on 10.8.2013. The product is having 4 years warranty. On 15.8.2015 when the warranty was in existence, the product became defective and the defect was intimated to the opposite party. Even though Technician from the opposite party attended the complaint, the defect was not cured. The complainant sustained much mental agony and inconvenience and hence filed this complaint.
2. Notice was served to the opposite party, and the opposite party appeared before the Forum.
3. Considering the allegations of the complainant, the Forum has raised the following issues for consideration:-
1) Whether there is any deficiency in service on the side of the opposite party?
2) Whether the complainant is entitled to get the reliefs prayed for?
4. Point Nos.1 and 2:- The case of the complainant is that complainant purchased a washing machine from the opposite party on 10.8.2013. The product has 4 years warranty, when the warranty was in existence, the product became defective and the defect was intimated to the opposite party, even though Technician of the opposite party attended the complaint, the defect was not cured and hence filed this complaint.
6. The opposite party appeared before the Forum and reported that the defect has been rectified. According to the opposite party the complainant was attended by the technician of the opposite party on the same day itself, since there was no electricity on that day, the opposite party could not verify whether the defect has been cured or not. Complainant claimed for refund of the price of the washing machine Rs.22,300/- along with a compensation of Rs.12,000/- and Rs.5000/- towards cost. Admittedly now the product is in a perfect working condition. Therefore we can’t direct the opposite party to refund the price of the product. According to the complainant, there was a delay of more than 3 months in rectifying the defect. Therefore the complainant is entitled to get the warranty extended for a further period of 4 months. Though the complainant contended that he had spent Rs.4,200/- for deputing a maid for the purpose of washing, nothing was produced to substantiate the same. So the complaint is allowed partly.
In the result, the opposite party is directed to extend the warranty for a further period of 4 months. The opposite party is further directed pay an amount of Rs.1000/- (Rupees one thousand only) towards the mental agony and inconvenience caused to the complainant. No order as to costs. The order shall be complied within one month from the date of receipt of this order.
Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Forum on this the 30th day of January, 2016.
Sd/- Smt. Jasmine.D. (Member)
Sd/- Smt. Elizabeth George (President)
Sd/- Sri. Antony Xavier (Member)
Appendix:- Nil
True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite party/S.F.
Typed by:- pr/-
Compared by:-
