The complaint is  in respect of the defects of the Washing machine.  The case of the complaint is  as follows.

             On 15-09-2014 the complainant  purchased the Washing machine from opposite party No.2  manufactured by opposite party No.1  for Rs. 27,800/-(Rupees Twenty seven thousand and eight hundred only).  On 26-08-2017 it was repaired  paying Rs. 350/- (Rupees Three hundred and fifty only) and at that time  itself washing tub  was found to be  defective.   After the repairing, again   some defects appeared within 6 months and that was taken to the service center   for repairing.   But no attempt is made by the opposite party  for repairing the same. Thus complainant requested for refund  of the price of the washing machine together with Rs. 30,000/-(Rupees Thirty thousand only) as  compensation for mental agony  and with cost.

              The 1^st opposite party filed version stating as follows. The complainant purchased a fully automatic front loading Washing machine on 15-09-2014. The warranty of the Washing machine expired on 17-09-2014. There was no complaint for the machine during the warranty period and continuously functioned for three years without any complaint.  The wearing out of the tub, iron part of the washing machine after continuous use of three years is normal tear and wear and not manufacturing defect.  There are no manufacturing defects for the machine.  The defect of the washing can be cured now by replacing the spider, the protecting wheel of the tub having cost of Rs. 2,500/-(Rupees Two thousand and five hundred only).  The entire service charge can be waived and 50% of the value of the defective part also can be waived.  Hence complaint is to be dismissed.

       The 2^nd opposite party  was set ex-partee.  Complainant and 1^st opposite party filed affidavits and Ext. A1  to A4 are marked.  Points arise for consideration.

1. Whether there is any deficiency in service on the part of the opposite parties.
2.  Whether complainant is entitled to the price of the Washing machine and compensation.
3. Reliefs and cost.

Point No.1 and 2

It is significant to note that complainanthas no case thatthe conditions inthe warrantyare violated bythe opposite party.On the other handit is obviousfrom the pleadings of the complainant that the defect occurredafter the warranty period .The first complaintwas noticedon 26-08-2017and that was repairedpaying the service charge of Rs. 350/-(Rupees Three hundred and fifty only). The 2^nd complaintappeared in January 2018and according tocomplainantthoughthedefect of the machinewas intimated to the service center, they did not respond positively. Thus complainant soughtcompensation and refund of the price of the washing machine.

It is pertinent to note thatthere is no evidence to show thatthere was any manufacturing defect for the Washing machine.The complainant hasno case that, they had informed to 1^st opposite partyregarding the inaction ofthe 2^nd opposite party at any point of time.Therefore no ground is seen to fasten liability on 1^st opposite party, the manufacturer.

It isseen fromthe averments ofthe complainant that, there waswearing out oftherotating wheel of the tub of the washing machine .According 1^st opposite partythat defect was due to natural wear and tear.There is nothing on record to show thatthe defectto thewheel of the tub was a manufacturing defect.On the other hand it is seen from the allegation of the complainant that, she did not make any attempt totake the Washing machine to service center intimating the service personnel thatshe was ready to pay service chargeson repairing ofthat part.Hence we cannot place the entire burden on the service personnels. There is no case for complainant thatthe defect notedcannot be cured completely.Hence we findno ground toplace burden on 1^st opposite party.

As far as 2^nd opposite party is concerned, on getting intimation from complainantregarding the defects of the Washing machine, they should havevisitedthe house of the complainant and repaired it ortheyshould have directed the complainant to bring the machine to the service center for repairing . That is not done in this caseand it shows deficiency in service of the 2^nd opposite party.Consideringthe circumstances we find that a direction should be given to 2^nd opposite partyto repairthe Washing machinerealizingthe normal service charge and if that is not donetopay the compensation to complainant.Since complainant failed prove the manufacturing defect of the Washing machine, we cannot order the refund of the price of the machine.Points are decided accordingly.

     Point No.3

                        On the basis of the findings on the above points, we allow the complaint partly.

1. Since complainant failed to prove   the manufacturing defect of the Washing machine or deficiency in the service of 1^st opposite party , she is not entitled to get  refund of the price of the washing machine  and compensation from 1^st opposite party. 
2. Since  the deficiency in service of 2^nd opposite party is proved  he is directed to  send  technician to the  complainant  and repair the Washing  machine  within one   week  from  the  date  of  receipt of  copy  of  this order  failing which  the 2^nd opposite party shall pay  compensation  of Rs. 10,000/-(Rupees Ten thousand only) to complainant.
3. Since 2^nd opposite party failed to  repair the Washing machine, his deficiency in service is manifested  and also caused  mental agony to complainant .  Therefore  the 2^nd opposite party shall pay Rs. 10,000/-(Rupees Ten thousand only) as compensation to complainant .
4. The complaint is also entitled to  cost of Rs. 7,000/- (Rupees Seven thousand only) from 2^nd opposite party.
5. It is clarified that if 2^nd opposite party  repaired the Washing machine  as directed above  within  the  period   mentioned  above,  the complainant cannot claim  compensation of Rs. 10,000/-(Rupees Ten thousand only)  as mentioned in clause No.2 .
6. If complainant fails to pay the compensation and costs  as mentioned  in different clauses above  within 30 days from the date of receipt of copy of this order, the 2^nd opposite party should pay the same with interest at the rate of 12% per annum  from the date of complaint till realization.

A.A.VIJAYAN, PRESIDENT

R.K.MADANAVALLY , MEMBER                                                          MINI MATHEW, MEMBER                                      

APPENDIX

Witness examined on the side of the complainant                           :   Nil

Documents marked on the side of  the complainant                        :   Ext.A1to A4

Ext.A1     :  Copy of Retail Invoice.                                                           

Ext.A2     : Copy of Job Sheet dated 26-08-2017.                                                 

Ext A3     : Copy of Letter.

Ext A4     : Copy of Postal receipt.

                                                                                                                                                                   Witness examined on the side of the opposite party                                        :   Nil

Documents marked on the side of the opposite party                      :   Nil

                A.A.VIJAYAN, PRESIDENT

R.K.MADANAVALLY , MEMBER                                                          MINI MATHEW, MEMBER