BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
VAZHUTHACAUD, THIRUVANANTHAPURAM.
PRESENT
SRI. P. SUDHIR : PRESIDENT
SMT. R. SATHI : MEMBER
SMT. LIJU B. NAIR : MEMBER
C.C. No. 158/2013 Filed on 19.04.2013
ORDER DATED: 30.01.2018
Complainant:
Anil. N.V, Akshaya, Maranalloor, Pongummoodu, Koovalassery P.O.
(Party in person)
Opposite parties:
- Karthiks- India IFB Authorized Service Centre, Valsala Bhawan, T.C 16/521, Kochar Road, Jagathy, Thiruvananthapuram.
(By Adv. Ramesh Kumar. A)
- IFB Industries Ltd., 36/1923, Sebastian Road, Kaloor, Cochin-682 017.
(By Adv. George Cherian Karippaparambil)
This case having been heard on 30.11.2017, the Forum on 30.01.2018 delivered the following:
ORDER
SRI. P. SUDHIR: PRESIDENT
Complainant’s case is that complainant purchased a washing machine of brand name IFB from Nath & Company on 08.10.2009 for Rs. 14,490/-. Complainant has taken annual maintenance contract on 09.09.2010 and the contract period is from 10.09.2010 to 09.09.2011 and paid Rs. 1,500/-. Complainant has taken second AMC from 1st opposite party on 24.07.2012 and paid Rs. 2,135/- and the contract period is from 24.07.2012 to 23.07.2013. Complaint aroused on the said washing machine on 26.12.2012 and the complainant contacted Nath & Co. till 04.01.2013. Nobody came for repair. Complainant again registered in toll free number then also till 26.01.2013 nobody turned up for repair and complainant again registered complaint in toll free number on 26.01.2013, then from his temporary residence. Technician came and inspected the machine and informed that the drum is to be changed. Complainant informed the technician that there is AMC and technician went back saying that he will bring the drum, but not turned up. Complainant again registered complaint on 21.02.2013 and complainant made complaint directly with the opposite party, but nobody turned up. Hence complainant approached this Forum for redressal.
Notice sent to opposite parties. Opposite parties 1 & 2 appeared and filed version. As per the version of 1st opposite party the contention taken is that the date of purchase of washing machine is on 08.10.2005 and not as averred in the complaint. 1st opposite party received the complaint on 19.12.2012 and deputed service engineer, but complainant has not given appointment even after many phone calls and 1st opposite party closed the matter as per the rules of the company. Again complainant registered complaint on 26.01.2013 and then also complainant not co-operated and gave an appointment. Another occasion the complainant again called on 21.02.2013 and 1st opposite party attended the complaint on 22.02.2013 and replaced the drum on 28.02.2013 under AMC free of cost.
2nd opposite party also filed version and taken the same contention.
Issues:
- Whether there is deficiency of service on the part of opposite parties?
- What is the order as to compensation and cost?
Issues (i) & (ii):- Complainant filed chief examination affidavit and thereafter not prompt in attending before this Forum and not marked the documents or faced cross examination. Apart from the averment made in the complaint, complainant failed to prove deficiency of service on the part of the opposite parties. So we are constrained to dismiss the complaint.
In the result, complaint is dismissed without cost.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 30th day of January 2018.
Sd/-
P.SUDHIR : PRESIDENT
Sd/-
R. SATHI : MEMBER
Sd/-
LIJU B. NAIR : MEMBER
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