Punjab

Patiala

CC/14/311

Rupinder Kaur - Complainant(s)

Versus

Jolly Sales Corp. - Opp.Party(s)

Sh Jatinder Singh

02 Feb 2015

ORDER

4

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PATIALA.

Complaint No. CC/14/311 of 15/11/2014.

Decided on 02/02/2015

 

Rupinder Kaur aged about 40 years wife of Sh. Nirmal Singh, resident of H. No.41, Street No.7, Dashmesh Nagar, Patiala. ….Complainant.

Versus

1. Jolly Sales Corporation, Lower Mall, Patiala through its Proprietor.

2. Whirlpool India Limited, Plot No.A-4, MIDC, Ranjangaon, Taluka, Shirur, District Pune, Maharashtra, through its Managing Director.

….Opposite parties.

 

Complaint under Sections 11 to 14 of the

Consumer Protection Act.

 

QUORUM

Sh. D. R. Arora, President Smt. Neelam Gupta, Member

 

Present:

For Complainant : Sh. Jatinder Singh Adv.

For Opposite parties no.1 &2 : Ex-parte.

 

ORDER

NEELAM GUPTA, MEMBER:

1. The complainant purchased one Whirlpool washing machine INF 12335/3147 for Rs.26,000/- from Op no.1 vide invoice no.1004 dt. 17/11/2012 which carried two years warranty. The complainant gifted the said washing machine to her sister, who used the same but in the month of April 2013, some problem occurred in the said washing machine and due to which the sister of the complainant suffered physically as well as mentally.

2. It is averred that on receiving the complaint regarding the defect in the washing machine from her sister, the complainant approached OP no.1 who told the complainant to tell her sister to approach and lodge a complaint with Whirlpool Service Centre situated at Sirhind and as such the complainant lodged a complaint with whirlpool Service Centre on 10/14/2013 but to no use as the defect in the washing machine could not be removed despite repeated visits by the complainant's sister to Service Centre of whirlpool at Sirhind.

3. It is further averred that on 29/08/2014 the complainant lodged a complaint on the toll free number regarding which the executive of the OPs gave a complaint no.CH 081401172 and also gave the assurance that the defect in the washing machine would be rectified at the earliest but nobody turned up to inspect the defective washing machine. On 02/09/2014, the complainant again lodged a complaint on toll free number vide complaint no.CH 091400645 but again nobody turned up to inspect the washing machine.

4. On 18/09/2014, the complainant served a legal notice upon OPs but the OPs failed to respond to the legal notice too. As the defect occurred in the washing machine during the warranty period and the OPs were bound to rectify the defect but they failed to do so and the complainant's sister to whom the washing machine was gifted was deprived of the use of the washing machine and the complainant as well as her sister underwent a lot of harassment physically as well as mentally, the complainant approached this Forum u/s 12 of the Consumer Protection Act 1986 ( for short the Act).

5. On notice OPs failed to appear despite service and were thus proceeded against ex-parte.

6. In support of her case, the complainant produced in evidence her sworn affidavit Ex.CA along with documents Ex.C-1 to Ex.C-6 and her counsel closed the evidence.

7. The complainant filed written arguments. We have gone through the same, heard the ld. counsel for the complainant and gone through the evidence placed on record.

8. Ex.C-1 is the copy of the invoice vide which the complainant purchased the washing machine from OP no.1 on 17/11/2012. Ex.C-6 is the copy of the warranty card which shows that the said washing machine carried two years warranty. The problem occurred in the washing machine in the month of April 2013 and the complainant lodged a complaint on 10/04/2013 but the OP failed to rectify the defect. Thereafter, the complainant lodged a complaint on 29/08/2014 vide complaint no.CH 08140 1172 and then on 02/09/2014 vide complaint no.091400645 but the OP failed to depute any mechanic to inspect the washing machine in question. Thenceforth, the complainant also served a legal notice upon the OPs, postal receipts of which are Ex.C-4 & Ex.C-5 but the OPs failed to respond to the legal notice too. OPs were bound to rectify the defect in the washing machine as it occurred during the warranty period but Op no.2 failed to do so which amounted to deficiency in service on their part.

9. In view of the aforesaid discussion, we accept the complaint with a direction to OP no.2 to get the defect in the washing machine rectified to the full satisfaction of the complainant. OP no.2 is further obliged to pay an amount of Rs.3000/- as compensation for the harassment undergone by the complainant which is inclusive of the cost of litigation. Order be complied within a period of one month on receipt of the certified copy of the order.

Pronounced

Dated: 02/02/2015

D. R. Arora Neelam Gupta

President Member

 

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