DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

PATIALA.

                                      Consumer Complaint No. 433 of 20.11.2017

                                      Decided on:   10.4.2019

Jatinder Singh r/o H.No.1558, Type-II, DMW, Patiala (M.No.84276-83709)

                                                                   …………...Complainant

                                      Versus

1.       L. G. Electronics India Pvt. Ltd., Plot No.51,Udyog Vihar, Surajpur - Kasna Road, Greater Noida, U. P. India.

2.       EKO Electrovision,  Dharampura Bazar, Patiala through its Proprietor.

                                                                   …………Opposite Parties

                                      Complaint under Section 12 of the

                                      Consumer Protection Act, 1986.

QUORUM

                                      Smt.Inderjeet Kaur, Member

                                      Sh.B.S.Dhaliwal, Member                                   

ARGUED BY

                                       Sh.Dhiraj Puri, counsel for the complainant.

                                       OPs No.1&2 Ex-parte.

 ORDER

                                    B.S.DHALIWAL, MEMBER

1. This complaint is filed by Jatinder Singh (here-in-after referred to as the complainant) against L. G. Electronics India Pvt. Ltd. and anr. (here-in-after referred to as OP/s) under Section 12 of the Consumer Protection Act (here-in-after referred to as the Act).
2. Briefly, the case  of the complainant is that  he has purchased a fully automatic washing machine bearing model No.WM8561AFETC, 11Kg on 6.11.2015 for an amount of Rs.38790/-, vide bill No.21765 from  OP No.2.
3. It is pleaded that OP No.1 is the manufacturer of LG products and projects having one of the best electronics products in the market. The said washing machine come within two years warranty from the date of purchase on all parts. Moreover, the company i.e. OP No.1 has floated a scheme i.e. “Happy Living Plan” wherein during the extended warranty AMC (Annual Maintenance Charges) are not payable. The complainant thus paid Rs.4062/- on 8.11.2015 vide receipt No.022220 and purchased AMC for the period 5.11.2017 to 4.11.2021. It was also told to the complainant that the consumer get best service free of costs during the period and also handed over the warranty card.
4. It is alleged that within few days from the date of purchase, the washing machine started giving trouble. The complainant got registered his complaints on Toll Free Number on various occasion i.e. on 13.4.2017, 8.5.2017, 9.6.2017, 11.7.2017, 24.7.2017, 4.8.2017, 10.8.2017, 17.8.2017, 6.9.2017, 12.10.2017.All the times, the complainant requested the representative of the OP that the machine  is not working properly and used to torn the clothes and after washing the clothes look filthy. It sounds different. The service engineer approached the complainant and told that clutch assembly of washing machine is not working and it is to be replaced during the job/repair. When the said service engineer take off the tub it was noticed that auto clean system of the washing machine is not working properly and thus does not clean clothes properly. After this whenever the washing machine was used, it shows some error and started making trouble (UE, IE) etc. Being not satisfied, the complainant again registered complaints on various occasions with the OP alongwith written complaints dated 17.5.2017 and 31.8.2017 to remove the defect from the washing machine. The service engineer approached the complainant time and again, the said washing machine occurred with new defect.  The complainant about 9 to 10 times approached the service centre but the service engineers of the OPs unable to remove the defect and explained the complainant that there was a manufacturing defect inside the machine which cannot be removed despite of best efforts.
5. It is also averred that the washing machine purchased by the complainant is having inherit defects due to which at the time of washing of clothes, the said machine does not wash clothes properly and some clothes were damaged badly, as such the complainant is unable to use the said washing machine.
6. It is also pleaded that the complainant several times requested the OPs to replace the washing machine, but the OPs neither tried to remove the defects nor bothered to adhere to genuine requests of the complainant.
7. On these background of the facts, the complainant has filed this complaint with the prayer for direction to the OPs to pay the compensation of Rs.38790/- cost of washing machine, Rs.50,000/- on account of deficiency in services and unfair trade practice, mental harassment, tension, pain and agony and Rs.5500/-as the cost of litigation expenses. Hence this complaint.
8. Notice was issued to be given to the OPs No.1&2.None appeared on their behalf, as such, they were proceeded against exparte.
9. Complainant was provided opportunity to adduce his evidence.
10. In support of his complaint, the complainant tendered into evidence his affidavit, Ex.CA, copy of bill dated 6.11.2015, Ex.C1, copy of plan, Ex.C2, copy of customer copy, Ex.C3, copy of warranty, Ex.C4, copy of card, Ex.C5, copy of registered letter, Ex.C6, copy of postal receipts (seven), Ex.C7, copies of job sheets, Exs.C8 to C17, copies of e-mail, Exs.C18 to C22 and closed the evidence.
11. We have carefully perused the complaint, gone through the evidence produced on file and heard the arguments addressed by the ld. counsel for the complainant.
12. It is an admitted fact that the fully automatic washing machine bearing model No. WM8561AFETC, 11Kg was purchased on 6.11.2015 for an amount of Rs.38790/-, vide bill No.21765(Ex.C1), from OP No.2.The said washing machine comes within two years warranty from the date of purchase on all parts as per warranty card(Ex.C4).Moreover, the OP No.1 had floated a scheme i.e. “Happy Living Plan”, wherein during the extended warranty AMC (Annual Maintenance Charges) are not payable and the complainant paid Rs.4062/- on 8.11.2015 vide receipt No.022220(Ex.C2) and purchased AMC for  the period 5.11.2017 to 4.11.2021.
13. The record, however, shows that within few months from the date of purchase the washing machine started giving trouble and the complainant got registered his complaints on toll free number on various occasions i.e. on 13.4.2017, 8.5.2017,9.6.2017,6.9.2017 and 12.10.2017, which is proved by the reminders Exs.C6,C18,C19,C20 ,C21 and C22. The complaints of the complainant were attended to vide job sheets, Exs.C8 to C17. But the service engineers of the OPs were unable to remove the defects with washing machine. It shows that the washing machine in dispute is having   inherent defect due to which at the time of washing the cloths, the said machine does not wash the clothes properly and some clothes got damaged badly. As such the complainant is unable to use the said machine.
14. The defects in the washing machine occurred during the warranty period and the OPs were bound to replace the same free of cost, to the satisfaction of the complainant. There is a written warranty about the quality of the sold washing machine of the complainant but if the washing machine of the complainant developed problems within few months of its purchase, it speaks volumes of the bad quality of the washing machine. It corroborates the claim of the complainant that the washing machine in dispute is not of good quality, so much so became unfit for use within few months of its purchase. It further shows that there is a manufacturing defect in the washing machine, which could not be removed despite the best efforts of the service engineers of the OPs. It clearly amounts to sale of defective goods.
15. When the complainant had approached the OPs for the repair/replacement, the latter should have accepted the request of the complainant and not driven the complainant to file the present complaint. It could avoid unnecessary harassment and mental torture to him.
16. Thus, allowing the complaint, we direct the OPs either to replace the washing machine with the same make/model or refund the price i.e.Rs.38790/- and Rs.4062/- paid vide receipt, Ex.C2 in “Happy Living Plan” alongwith interest @9% per annum from the date of purchase till payment with another sum of Rs.5000/-as compensation inclusive of costs for causing harassment, inconvenience and mental torture to the complainant, within the period of 30 days, from the date of the receipt of the certified copy of this order.
17. The complaint could not be decided within statutory period due to heavy pendency of cases.
18. Certified copies of this order be sent to the parties free of cost under the Rules. Thereafter, file be indexed and consigned to the Record Room.

ANNOUNCED

DATED: 10.4.2019      

                                           B.S.DHALIWAL                  INDERJEET KAUR

                                           MEMBER                              MEMBER