By Smt. C.S. Sulekha Beevi, President,

1. Complainant is aggrieved that the washing machine purchased on 15-8-2008 from first opposite party for Rs.22,700/- did not function at all. The reason for non-functioning was that there was error message during installation. Even after several attempts by different technicians the washing machine could not be installed. Hence this complaint.

2. Though notice issued to first opposite party was served, first opposite party failed to appear and was set exparte on 20-11-2008. First opposite party is the dealer.

3. Second and third opposite parties filed a joined version admitting the sale of washing machine to complainant. It is submitted that on receiving complaint of defect it was immediately attended. The defect was found with the door lock of the washing machine which was rectifiable. Considering that the product was brand new opposite parties offered to replace the product. But complainant insisted that opposite party should give warranty for next five years which was not possible. That opposite parties are still prepared to replace the product.

4. Evidence consists of the affidavit filed by complainant and Exts.A1 to A4 marked for him. Opposite party filed counter affidavit.

5. It is undisptued that the washing machine is having defects. Opposite party has offered to replace it from the very beginning itself when the defect came to their notice. The request of the complainant to give excess period of warranty is untenable. Complainant has established a case in his favour. We therefore order that second and third opposite parties shall jointly and severally be liable to replace the alleged washing machine and pay Rs.1,500/- (Rupees one thousand five hundred only) as costs to the complainant. On replacement and payment of cost, complainant shall return the defective washing machine to opposite party if not returned earlier. The time limit for compliance of this order is fixed as one month from the date of receipt of copy of this order.

Dated this 25th day of March, 2009.

Sd/-

C.S. SULEKHA BEEVI, PRESIDENT

Sd/-

MOHAMMED MUSTAFA KOOTHRADAN, Sd/-

MEMBER E. AYISHAKUTTY, MEMBER

APPENDIX

Witness examined on the side of the complainant : Nil

Documents marked on the side of the complainant : Ext.A1 to A4

Ext.A1 : Photo copy of Tax invoice for Rs.22,700/- from first opposite

party to complainant.

Ext.A2 : Photo copy of Users Manual & Guide of Whirlpool Washing Machine.

Ext.A3 : Photo copy of E.mail communication dated, 25-8-2008 send by

complainant to opposite party.

Ext.A4 : Advertisement in Mathrubhumi Daily dated, 12-8-2008.

Witness examined on the side of the opposite parties : Nil

Documents marked on the side of the opposite parties : Nil

Sd/-

C.S. SULEKHA BEEVI, PRESIDENT

Sd/-

MOHAMMED MUSTAFA KOOTHRADAN, Sd/-

MEMBER E. AYISHAKUTTY, MEMBER