By. Sri. P. Raveendran, Member:-
The brief of the complaint:- The complainant had purchased a Whirlpool fully automatic washing machine on 20.01.2008 from opposite party No.3 and installed at the complainant's house and it was used as per the guidelines given in the users manual. The warranty offered for the washing machine is 2 years from the date of purchase. In April 2009 the washing machinestopped its functioning. The complainant requested opposite party No.2 and 3 to repair the washing machine. One mechanic came to his house and attended the washing machine and suggested to install voltage stabilizer and the stabilizer installed on 23.04.2009 by opposite party No.3 after collecting Rs.1,550/- from the complainant. Again in August 2010 the washing machine stopped its functioning. On repeated request by the complainant and his family on 19.08.2010 some service personnel came to the residence of the complainant and carried out the repair works. Thereafter in September 2010 again the washing machine stopped its functioning. Several times the complainant requested opposite parties No.2 and 3 regarding malfunctioning of the washing machine. On 21.09.2010 one Shabnas from the office of opposite party No.1 came to his residence and partially repaired the washing machine by placing a PCB worth Rs.2,200/- after collecting the same from the complainant Rs.350/- was collected towards the service charges from the complainant. After one month the washing machine stopped its functioning and the above fact brought in to the notice of opposite parties No. 1 and 2. But they did not care to attend the request of the complainant to repair the washing machine. At last the complainant sent a registered letter to opposite party No.1 on 15.11.2010 but none of the opposite parties came to the complainant's residence and verified the fault of the washing machine. Now the washing machine remains dead from September 2010. Hence the complainant filed this complaint before this Forum. It is prayed that to pay an amount of Rs.50,000/- as compensation and Rs.14,600/- as cost of the washing machine and other accessories assembled with the washing machine with service charge.
2. Opposite parties No.2 and 3 appeared and filed their version. Notice to opposite party No.1 served and he has not appeared before the Forum and filed version. Hence opposite party No.1 is set exparte.
3. In the version of opposite party No.2 he admitted that the complainant filed the complaint about the washing machine and he examined the washing machine and found that there is voltage problem and he fitted a voltage stabilizer. Thereafter the washing machine was not in order. At that time he put a new PCB after obtaining the cost of the PCB and service charge from the complainant and we extended its warranty for a period of 6 months. Thereafter the complainant not informed regarding the non functioning of the washing machine either me or the dealer company. If any defects is caused to the parts repaired by us we are ready to cure its defects without obtaining any charge from the complainant.
4. In the version of opposite party No.3 it is admitted that the complainant purchased a Whirlpool fully automatic washing machine on 20.01.2008 from opposite party No.3. At the time of installation the opposite party No.3 informed the complainant that he is only an agent of the Whirlpool company's not an authorized service center and the service will be provided by opposite party No.1. After installation it is the duty of the opposite party No.1 to provide sufficient service to the customer. At the time of purchase of washing machine it was properly functioning and opposite party No.3 had given service to the complainant. In this matter the washing machine sold on 20.01.2008 the warranty period is up to 19.01.2010. Opposite party No.3 has no role to provide any service towards the mechanical problem. It is the duty of the Opposite party No.2 provide all necessary services. There was no information regarding the stop functioning of thewashing machine on 31.11.2010 ie after the warranty period. So there is no deficiency of service on the part of the opposite party No.3. Hence there is no deficiency of service from the part of the opposite party No.3. If complainant is entitled to get any compensation it has to be paid by opposite party No.1 and 2. Hence it is prayed that the complaint may be dismissed with the cost of the opposite party.
5. On perusing the complaint version of opposite party No.2 and 3 the following points are to be considered:-
1. Whether there is any deficiency in service on the part of the opposite parties?
2. Relief and cost.
6. Point No.1 :- To prove the complainant's case he has filed his chief affidavit and Ext.A1 to A6 documents. Ext.C1 also marked. No evidence is adduced by opposite party No.2 and 3 to prove their case. Ext.A1 is the cash bill it shows that the complainant has purchased fully automatic washing machine from opposite party No.3 on 20.01.2008. Ext A2 is the cash bill issued by opposite party No.2 on 23.04.2009. Ext.A3 is the cash bill issued by opposite party No.2 to the complainant on 19.08.2010. Ext.A4 is the cash bill issued by opposite party No.2 to the complainant on 21.09.2010. Ext.A5 is the users manual of fully automatic washing machine. Ext.A6 series is the notice issued by complainant to opposite party No.1 with postal receipt andacknowledgment card. On perusing Ext.A1 it is clear that the washing machine is purchased on20.01.2008 in Ext.A5 it is mentioned that the warranty of the washing machine is 2 years that means the warranty will expire on 19.01.2010. It is clear from Ext.A2 the washing machine isrepaired on 23.04.2009,19.08.2010 and on 21.09.2010. The first repair take place within the warranty period, thereafter also the washing machine recurrently defective. Ext.A6 series shows that the complainant has sent a registered letter to opposite party No.1 on 09.11.2010. In the notice clearly mentioned that the washing machine is not functioning last one month and it is remains dead. Either the dealer or the service provider came to complainant's house to repair the washing machine in respect of repeated requests. The above notice is received by opposite party No.1 but till date he has not taken any steps to repair the washing machine. Opposite party No.1 has not appeared before this Forum and not filed their version. In the Ext.C1 report also the commissioner examined the washing machine and found that the washing machine was not functioning. It is clear that the opposite parties has not provided proper services to the complainant after selling the washing machine. That is deficiency of service on the part of the opposite parties. Point No.1 is decided accordingly.
7. Point No.2 :- It is clear that the washing machine is not in use from October 2010 onwards. Hence the complainant is entitled to get the cost of the washing machine along with the cost of accessories and service charge collected from the complainant ie Rs.14,600/-. He is also entitled to get Rs.5,000/- as cost and compensation. After paying the amount the opposite parties are entitled to take back the washing machine and its accessories supplied by opposite party No.2.
In the result the complaint is partly allowed. The opposite parties are directed to pay Rs.14,600/- ( Rupees Fourteen Thousand and Six Hundred Only) the cost of the washing machine and its accessories. They are also directed to pay Rs.5,000/- ( Rupees Five Thousand Only) as cost and compensation. It is not proper to give washing machine and its value to the complainant. Hence after paying the above amount the opposite parties are entitled to take back the washing machine and its accessories from the complainant.
Pronounced in Open Forum on this the day of 31st December 2011.
Date of Filing:28.01.2011.
