DATE OF FILING : 9.5.2016

IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 1^st day of February, 2017

Present :

SRI. S. GOPAKUMAR PRESIDENT

SRI. BENNY. K. MEMBER

CC NO.148/2016

Between

Complainant : Jose,

Arattukulangara House,

Mariyapuram P.O.,

Thankamany, Idukki.

(By Adv: C.K. Babu)

And

Opposite Parties : 1. TTL Pvt. Ltd. (Samsung Brand Shop),

27/306, Malayil Buildings,

Opp. SNDP, Muthoor P.O.,

M.C. Road, Thiruvalla – 689 107.

2. Ross Cool Care,

Service Helpline,

Kattappana P.O.,

Idukki.

3. Samsung India Electronics P. Ltd.,

A-25, Ground Floor,

Front Tower,

Mohan Co-operative Industrial Estate,

New Delhi 110 044.

O R D E R

SRI. BENNY. K. (MEMBER)

          The complainant had purchased a fully automatic washing machine for Rs.28,117/-, from the 1^st opposite party on 31.5.2014.  The 1^st opposite party provided a warranty of 2 years for the same.  It became defective after few months of the purchase.  This matter was duly informed to the opposite party on 5.1.2015.  A representative of the 2^nd opposite party came and repaired the same.  Thereafter various complaint were noticed on 27.7.2015, 25.11.2015, 8.1.2016, 20.2.2016, 1.3.2016 and 4.4.2016.  On every occasion, the 2^nd opposite party’s representative temporarily repaired the washing machine.  On 8.1.2016 and on 20.2.2016, PCB was (cont.....2)

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replaced.  But from 1.3.2016 onwards, the timer is not working properly.  On 20.4.2016, the complainant again registered complaint with regard to the defective functioning of the machine and it unattended by the opposite party.  The complainant could not use the above machine without defect from 5.1.2016 onwards.  Hence the complainant approached the Forum for getting a defect free repair or a defect free machine and for compensation for mental and financial loss. 

          In the written version filed by the 1^st opposite party, they admitted the purchase of the washing machine which is manufactured by the 3^rd opposite party.  The 1^st opposite party’s service centre offered the complaint replacement or refund, but the complainant was not ready as he wanted replacement for a higher model which was not acceptable by this opposite party.

          The point for consideration is whether there is any deficiency in service from the part of opposite parties and if so, for what relief the complainant is entitled to ?

          No oral evidence adduced by both the parties.  Complainant produced the purchase bill and warranty card.

          The POINT :-  Complainant purchased a fully automatic Samsung washing machine for Rs.28,117/-, from the 1^st opposite party, on 31.5.2014, through Mr. Jubil Joy, by staff discount.  The above machine became defective after a few months of purchase.  This matter was duly informed and registered various complaints with the opposite parties, but again and again same complaint is repeating and opposite parties are not ready to rectify the same.  Hence the complainant approached the Forum for replacing the defective washing machine with a new machine and for compensation for mental agony and legal fees.

          In the written version filed by 1^st opposite party, they offered replacement or refund of the washing machine, which is manufactured by

(cont.....3)

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3^rd opposite party, but the complainant was not ready for that and he wanted a higher model, which is not accepted by this opposite party.

          We, the Forum find no unfair trade practice from the side of opposite party and they are ready to settle the matter.

          Hence the petition allowed.  1^st and 3^rd Opposite parties are directed to replace the washing machine with a new one with same price and specification to the complainant and provide a warranty of one year, within 30 days of receipt of a copy of this order.

            Pronounced in the Open Forum on this 1^st day of February, 2017

Sd/-

SRI. BENNY K. (MEMBER)

Sd/-

I agree SRI. S. GOPAKUMAR (PRESIDENT)

Appendix : Nil.

Forwarded by Order,

SENIOR SUPERINTENDENT