By Sri MOHAMED ISMAYIL C.V., MEMBER
1.The grievanceof the complainant is as follows:-
On 31/01/2018, the complainant purchased a washing machine LG WMFATL 6.2KG T7281 NDDL from the shop of the second opposite party for Rs. 16,800/-.The said washing machine was manufactured by the first opposite party. At the time of purchase of the washing machine the opposite party assured of warranty period for 2 years andundertaken to repair all defects with free of cost.After some days of installation the washing machine showed complainants in its functioning.On 12/06/2019 the complainant registered a complaint and contacted the second opposite party to rectify the defect.Then the service personal came and rectified defect by changing the main board and assured of no further complaint will happen in future.But after two months, the washing machine again became non functioned and on 26/08/2019 the complainant contacted the second opposite party to rectify the defect.On examination same defect was again found on the main board of the washing machine.So the complainant wanted the second opposite party to solve the issues of the machine to get in working condition as there was valid warranty period existed.But the second opposite party informed the complainant that there would be every chance for recurring the same complaint in future and so there is no scope for replacing the main board of washing machine. It is also stated by the second opposite party that replacement of main board is possible if the entire cost was carried out by the complainant as the price of the already replaced main board was not remitted by the first opposite party so far.The complainant contacted the second opposite party several times for repairing work but turned down on the demand of costs of both services and replacement of main board. So the complainant sent legal notice to the opposite parties stating the entire situation.In the reply of the first opposite party the complaints of the washing machine was admitted. It was also stated in the reply notice that the complainant could not produce the purchase bill or serial number of the washing machine so as to identify the date of purchase.But the complainant denied the allegation of the first opposite party in the complaint. According to the complainant the rectification of the complaint of washing machine done on 12/06/2019 after producing the purchase bill dated 31/01/2019 issued by the second opposite party.The all defects occurred during the period of warranty.The complainant stated that the warranty card and purchase bill were produced before the second opposite party directly. But no action was taken by the opposite parties to rectify the defect of the washing machine.It is also statedin the complaintthatfrom thelast sixmonthsthe washing machine was keptin idle andthe complainantwas sufferingmental agonyand hardship.The acts of the opposite parties caused sufferings to the complainant.The both opposite parties are jointly and severally liable to compensate the losses suffered by the complainant.So the complainant prayed for an order to direct the opposite parties to replace the washing machine or to refund Rs. 16,800/- to the complainant as the price of the washing machine.The complainant also prayed for an order to pay compensation of Rs. 50,000/- from the opposite parties for the mental agony and hardships suffered by the complainant due to the acts of the opposite parties.The complainant also prayed for Rs. 25,000/- as the cost of the proceedings.
2. The complaint is admitted and issued notices to the opposite parties. Both opposite parties did not turn up and hence set exparte them.
3. The complainant filed affidavit and produced documents. Documents produced by the complainant marked as Ext. A1 to A4. Ext. A1 document is the copy of invoice bill dated 31/01/2018 issued by the second opposite party to the complainant at the time of purchase of washing machine. Ext.A2 document is the copy of warranty card issued by the opposite parties to the complainant. Ext.A3 document is the copy of legal notice dated 05/10/2019 sent by the complainant to the opposite parties. Ext.A4 document is the copy of reply notice dated 09/12/2019 sent by the first opposite party to the complainant.
4. The complainant’s side was heard. Perused affidavit along with documents produced before the Commission. The following points arised for the consideration of the Commission:-
1. Is there any deficiency in service on the part of the opposite parties?
2. Reliefs and costs?
5. Points No.1 &2 :-
The case of the complainant is that he purchased a washing machine manufactured by the first opposite party on 31/01/2018 from the shop of thesecond opposite party afterpaying Rs. 16,800/-.To show the purchase of the washing machine the complainant produced Ext.A1 document before this Commission.Ext.A2 document shows that the product carries two years warranty i.e, up to 30/01/2020. Ext.A3 document shows that the washing machine was halted its function due to defect as main board and same was not rectified by the opposite parties. Ext. A4 reply notice also supported the averments in the complaint. There is no contra evidence in this case as the opposite parties were not appeared and filed their version.So the case of the complainant stands proved.The Commission finds that there is deficiency in service on the part of the opposite parties and allowsthe complaintas follows:-
- The opposite parties are directed to replace the washing machine to the complainant with a new washing machine of the same model purchased as per Ext.A1 document or refund Rs. 16,800/-(Rupees Sixteen thousand and eight hundred only) to the complainant.
- The opposite parties are directed to pay compensation of Rs. 10,000/- (Rupees Ten thousand only) to the complainant for the sufferings of mental agony and hardship due to the negligent acts of the opposite parties.
- The opposite parties are also directed to pay Rs. 5,000/-(Rupees Five thousand only) as the cost of the proceedings to the complainant.
The opposite parties shall comply this order within one month from the date of receipt of this order otherwise the entire amount shall carry 9% interest per annum from the date of the order to till realisation.
Dated this 4th day of November, 2022.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., 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 ofinvoice bill dated 31/01/2018 issued by the second opposite party
Ext. A2: Copy of warranty card issued by the opposite parties to the complainant.
Ext. A3: Copy of legalnoticedated 05/10/2019 sent by the complainant to the
opposite parties.
Ext. A4: Copy of reply notice dated 09/12/2019 sent by thefirst oppositeparty to
-
Witness examined on the side of the opposite party: Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
