IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Thursday the 27th day of November, 2014
Filed on 12.03.2014
Present
1. Smt. Elizabeth George (President)
2. Sri. Antony Xavier (Member)
3. Smt. Jasmine D (Member)
in
CC/No.77/2014
Between
Complainant:- Opposite party:-
Sri. Lali, Seethal 1. L.G. Electronics India Pvt. Ltd.
Muthukulam Vadakku 20/1270, Vasudeva Building
Choolatheruvu Post T.D. Road, Ernakulam
Muthukulam Panchayath Cochin – 682 011
(By Adv. S. Balachandran Pillai)
2. Service and Systems, N.H. 47
South Nada, Haripad – 690 514
O R D E R
SMT. JASMINE D. (MEMBER)
The brief facts of the case in short are as follows:-
The complainant purchased a washing machine from the second opposite party manufactured by the first opposite party and two years warranty was assured at the time of purchase of the said product. From the very beginning of the purchase of the product, it was not working properly and second opposite party rectified the defects many times. But now the washing machine is not in a working condition and the complainant informed the second opposite party about the defect several times. However, the second opposite party has not cared to rectify the defect. Due to this, the complainant suffered much mental agony and hence filed this complaint.
2. Notices were issued to the opposite parties. Notice against the first opposite party was returned as left. Second opposite party appeared before the Forum and filed version. The version of the second opposite party is as follows:-
The second opposite party is a dealer of the first opposite party. Also the second opposite party has repaired the product many times. The recurring complaint of the product is due to the manufacturing defect. The second opposite party has informed the first opposite party about the defect and first opposite party is liable to repair the said product. Since the second opposite party is only a dealer of the first opposite party M/s. L.G. Electronics India Pvt. Ltd., second opposite party is not liable to repair the product.
3. The complainant filed proof affidavit and documents marked as Exts.A1 and A2. No oral or documentary evidence were marked on the side of the opposite parties.
4. Based on the pleadings and contentions of the complainant and opposite parties, the following points arose for consideration:-
1) Whether there is any deficiency in service on the side of the opposite parties?
2) Whether the complainant is entitled to get the reliefs prayed for?
5. Point Nos.1 and 2:- The case of the complainant is that he had purchased a washing machine from the second opposite party manufactured by the first opposite party. The said product became defective within the warranty period. Even though initially the defect was rectified by the second opposite party many times, he has now refused to repair the washing amchine. Ext.A1 is the invoice dated 26.4.2012 shows that complainant has purchased a washing machine from the second opposite party for an amount of Rs.22,000/-. Ext.A2 is the warranty card, which shows that the said product was under 2 years warranty from the date of purchase of the product. In the light of the warranty card (Ext.A2) issued by the second opposite party it is clear that the said defect occurred within the warranty period. That being so the second opposite party cannot wash off his hands from the liability merely stating that he is only a dealer. The complainant submitted that he had made many requests on telephone as well as through visits to the second opposite party to get the product repaired. But the second opposite party has not cared to rectify the defects. The documents produced by the complainant duly evidenced that the complainant has purchased the washing machine from the second opposite party and the same became defective within the warranty period. Therefore the complainant is perfectly entitled to get it repaired. Since it has not been repaired so far second opposite party committed deficiency in service. In the light of the above discussion, complaint is allowed.
In the result, the complaint is allowed. The second opposite party is directed to repair the washing machine at free of cost to the satisfaction of the complainant. Also pay an amount of Rs.1000/- (Rupees one thousand only) towards costs of this proceedings. The order shall be complied within one month from the date of receipt of this order.
Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Forum on this the 27th day of November, 2014.
Sd/- Smt. Jasmine.D. (Member) :
Sd/- Smt. Elizabeth George (President):
Sd/- Sri. Antony Xavier (Member) :
Appendix:-
Evidence of the complainant:-
Ext.A1 - Invoice dated 26.4.2012
Ext.A2 - Warranty card
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite party/S.F.
Typed by:- pr/-
Compared by:-pg/-
