Complaints filed on: 05-09-2022

                                                      Disposed on:16-12-2022

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

DATED THIS THE 16^TH DAY OF DECEMBER, 2022

P R E S E N T

SMT.G.T.VIJAYALAKSHMI, B.Com, L.L.M, PRESIDENT

SRI.KUMARA.N, B.Sc., L.L.B, MEMBER

SMT.NIVEDITA RAVISH, B.A., L.L.B, LADY MEMBER

CONSUMER COMPLAINT No. 129 OF 2022

Sri.  Srivathsava .N.L. S/o N.G.Lakshminarayana,

6^th Cross, Devraj Urs Road, Saraswathi Puram,

Tumkur, Karnataka-572 105.

……….Complainant

(In-person)

V/s​

1.       The Manager, Pai International, KNS Tower,

          No.4262/9395/649&4244/9358/680

          4^th Main, Bengaluru – Honnavar Road,

          Near Doddamane Nursing Home,

          Ward No.18, Shankarapura,

          Tumakuru, Karnataka-572 102.

2.       IFB Appliances,  Officer concerned,

          9^th Main, Jayanagar East,

          Dasappa Garden, Tumakuru,

          Karnataka-572 102.

(Served – Absent)

                                                :O R D  E R :

BY SMT.NIVEDITA RAVISH -  LADY MEMBER

          This is a complaint filed by the complainant U/s 35 of the Consumer Protection Act 2019 to direct the Opposite Parties to return/refund of Rs.34,400/- and to pay compensation of Rs.1,00,000/- to the complainant.

2.       In this case, the Opposite Party No.1 is the Manager, Pai International, Tumakuru who is seller (hereinafter called as OP No.1) and Opposite Party No.2 is the IFB Appliances, Tumakuru who is the manufacturer (hereinafter called as OP No.2).

3.       It is the case of the complainant that the complainant has purchased washing machine of OP No.2 appliances, which is Model: IFB W/M NEO DIVA SXS 6010-WMIF1033 from OP No.1 on 30^th May 2022 and installed on 3^rd June 2022.  The purchased washing machine has been started to giving trouble with loud noise, smoke and burning smell within a month from the date of purchase.  The complainant raised complaint to the OP Nos. 1 & 2.  Inspection was done on multiple times and every time the OPs gave different diagnostics.  After repairing in repeated times, the complainant has requested for replace the machine.  But the Officials of OP Nos. 1 & 2 put the blame on each other for replacement.  The complainant has lost complete faith and trust on OP Nos. 1 & 2.  Hence, this complaint. 

4.       After sufficient service of notice by this Commission, the OP Nos. 1 & 2 were not appeared before this Commission and remained absent.

5.       The complainant has filed his affidavit evidence with two documents, which are marked as Ex.C1 & C2.

6.       We have heard the arguments of complainant and points that would arise for our determination are as under:

1. Whether the complainant proves deficiency in service on the part of OPs?

2. Is complainant is entitled to the relief sought for?
7.        Our findings on the aforesaid points are as under:

Point No.1: In the Affirmative

Point No.2: As per final order for the below

:R E A S O N S:

8.       The complainant submitted that he had purchased washing machine of OP No.2/Company, Model : IFB W/M NEO DIVA SXS 6010-WMIF1033 from OP No.1 by paying the money of Rs.30,400/- on 30.05.2022.  The Ex.C2/copy of the invoice/bill establishes the same.  Ex.C2 contains the GST In No, order dated, Branch name, order number, model name of washing machine, net amount of the washing machine and other details of the machine. 

9.       Further, the complainant submitted that the said washing machine was installed on 03.06.2022 and on 27.06.2022, the machine was started giving trouble with loud noise and the complainant has raised the complaint with OP Nos. 1 & 2.  Ex.C1/copy of the message sent by the OP No.2 establishes the same.  Further, the complainant submitted that the technician of OP No.2 diagnosed and said it was a long water pipe problem and not enough force in water and said to wait for 15 days and if sound persists told the complainant to call them.  Again the complainant has filed a complaint on 07/07/20200 and OP replaced some parts and the sound seemed to reduce.  But on 30.07.2022 smoke was coming out of washing machine with burning smell.  Again complaint was raised with OP Nos. 1 & 2 and the complaint was registered on 01.08.2022.  Ex.C1 reveals the messages regarding communication with IFB customer care personnel dated:27.06.2022, 07.07.2022, 08.07.2022, 01/08/2022, 12/08/2022, 14/08/2022.  The messages in the Ex.C1/ established that the complainant was suffered with the problem caused in the washing machine repeatedly from the beginning days of purchasing the said washing machine.  Further, during the time of arguments, the complainant submitted that the complainant has purchased the said washing machine for the help of his old age parents in their household work and complainant had got fear about whether the issue in the washing machine lead to some big accident and causes for harm to his old age parents.  Further, the complainant submitted that the said washing machine is in the warranty period.  

10.     On perusal of Ex.C2 and on hearing the arguments of the complainant, it is clear that the said washing machine purchased by the complainant from OP Nos. 1 & 2 has been giving trouble from the date of purchase.  The Hon’ble DELHI STATE COMMISSION, NEW DELI in the case between JUGNU DHILLON V/S RELIANCE DIGITAL RETAIL LIMITED 11(2014) CPJ, Page-17, wherein the Hon’ble Commission has held that:

“Failure of compressor within 2-3 months of its purchase itself amounts to manufacturing defects – when any company stopped manufacturing particular model under these circumstances only way left is to refund of money along with interest – Product found to be defective at the very outset – It is always better to order for refund of amount”

          The Section 2(37) of Consumer Protection Act 2019 describes the definition of “Product seller” as follows.

“Product Seller”, in relation to product, means a person who, in the course of business, imports, sellers, distributors, leases, installs, prepares, packages, labels, markets, repairs, maintains or otherwise is involved in placing such product for commercial purpose and includes

1. a Manufacturer who is also a product seller, or
2. a Service Providers.

11.     In view of the above discussion, in the instant case, the OP Nos. 1 & 2 are liable to refund the price of the washing machine of Rs.30,400/- with interest @ 8% PA from the date of problem i.e. 27.06.2022 by receiving the washing machine Model Neo Diva SXS 6010 WMIF1033 from the complainant.

12.     Further, the complainant has prayed for Rs.1,00,000/- for compensation.  But the complainant was not produced any documents to show that he is entitled for the compensation of Rs.1,00,000/-.  But the OP Nos. 1 & 2 compelled the complainant to approach this Commission.  Hence, the OP Nos. 1 & 2 shall liable to pay compensation of Rs4,000/- and litigation cost of Rs.4,000/- to the complainant.  Accordingly, we pass the following:-  

:O R D E R:

The complaint filed by the complainant is allowed partly with cost.

The OP Nos. 1 & 2 are jointly and severally directed to pay Rs.30,400/- with interest @ 8% from the date of problem i.e. 27.06.2022 to till the date of realization by receiving the washing machine Model : IFB W/M NEO DIVA SXS 6010-WMIF1033 from the complainant.

It is further ordered that the OP Nos. 1 & 2 are jointly and severally shall liable to pay compensation of Rs.4,000/- and litigation cost of Rs.4,000/ - to the complainant.

Further, the OP Nos. 1 & 2 is directed to comply the above order within 45 days from the date of receipt/knowledge of this order.   

Furnish copy of this order to both parties free of costs immediately.