IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM
Dated this the 26th Day of FEBRUARY 2020
Present: - Sri.E.M.Muhammed Ibrahim, B.A, LL.M. President
Smt.S.Sandhya Rani, BSc,LL.B, Member
Sri.Stanly Harold, B.A, LLB, Member
CC No.223/19
N.A.Xavier,
68 years,
Shiji Bhavan,
Musavarikkunnu
Punalur Taluk,
Punalur P.O.,
Kollam District. : Complainant
V/S
Manager,
Sagar Complex,
Sagar Agencies,
Post Office Junction,
Punalur P.O.,
Punalur Taluk,
Kollam District. : Opposite party
FAIR ORDER
Sri.Stanly Harold, B.A,LLB, Member
this is a case based on a complaint filed u/s 12 of the Consumer Protection Act. The averments in the complaint in short are as follows:-
The complainant has purchased one LG Washing machine for Rs.16,200/- vide Invoice bill No.B2C/18-19/5300 dated 29.03.2019 from the opposite party agency namely Sagar agencies, Punalur. It is made clear by the opposite party the washing machine is having one year warranty. After a few days of purchase the washing machine became defective though technician deputed by the opposite party repaired the washing machine several times free of costs and paid services, there said defect persisted. Almost 6 times complainant has reported the defects and technician from the LG Company examined the washing machine and informed that the defect were due to manufacturing defect. The complainant had made repeated request the opposite party to provide a brand new machine of the same company but in vain. On 04.09.2019 complainant has issued a request in writing to provide a brand new washing machine. According to the complainant due to the defect of the washing machine he had to spend an amount of Rs.800/- per month. For washing the clothes almost for the last 6 months complainant was spending the same for washing clothes. The complainant has to suffer much mental agony and loss due to the defect of the washing machine. The complainant believes that there exists manufacturing defect to the washing machine and he would not be able to use the same in future also because of the manufacturing defect of the washing machine and same could not be rectified by any type of repair works. Hence there is serious deficiency in service and unfair trade practice on the side of the opposite parties. In the circumstances the complainant prays to direct the opposite parties to replace the said washing machine with a brand new one or to refund the amount collected from the complainant so as to enable the complainant to purchase a defect free washing machine or to reimburse value of washing machine 16,200+4800+ and other expenses of 3000/- altogether with the amount of 24,000/- as compensation for mental agony apart from monitory loss experienced by the complainant. Hence the complaint.
In response to the notice issued the opposite party had neither appeared before the forum nor filed any version. Hence the opposite party is set exparte. The complainant filed affidavit by reiterating the averments in the complaint and got marked Ext.P1and P2 documents. Ext.P1 is the invoice bill bearing No. B2C/18-19/5300 dated for amount of 16200/- issued by the opposite party. Ext.P2 is the letter dated 04.09.2019 issued to the opposite party to provide a brand new washing machine.
Heard the complainant and perused records.
The unchallenged averments in the proof affidavit coupled with Ext.P1 and P2 documents would establish that the complainant had purchased one LG washing machine from the shop of opposite party by paying Rs.16,200/- and it became defective from the date of purchase itself. Though the agent and technician deputed by the opposite party repaired the washing machine several time free of cost, the defects were not cured. It is also clear from the unchallenged averments in the affidavit that the technicians of LG Company examined the washing machine and informed that defects are due to the manufacturing defect and directed the complainant to report the matter to the opposite party and avail a brand new washing machine. The complainant further sworn that due to the manufacturing defects, the washing machine not be able to use the same in future also and would not be able to rectify the washing machine by any type of repair works. Though the complainant has contacted the opposite party continuously and also issued a letter requesting to provide a brand new washing machine, the opposite party has not complied with. Complainant has also sworn that as the washing machine has become defective he had spent a lot of money for washing his clothes.
The unchallenged averments in the affidavit coupled with Ext. P2 document would establish that from the very beginning of the use, the washing machine has become defective and he got it repaired 6 times within a period of 6 months from the date of purchase and the complainant who paid for Rs.16200/- and odd could not wash his clothes even for one occasion. It is true that warrantee card has not been produced. But it is clear that the above defects has been noticed and got repaired the washing machine on six occasion during a period of 6 months from the date of purchase which would indicate that the defect has been noticed during the warrantee period. It is also clear from the averments in Ext.P2 letter that the washing machine is suffering from manufacturing defects. Hence it is clear that the opposite party had sold a washing machine to the complainant which is having manufacturing defect and the opposite party has not cleared the defects of the washing machine though he repaired the same 6 times. Hence we have no hesitation to hold that there is unfair trade practice and deficiency in service on the part of the opposite party. Therefore, the complaint is only to be allowed.
In the result the complaint stands allowed in the following terms.
The opposite party is directed to replace the defective washing machine with a brand new one of the same value and same specifications after receiving back the defective washing machine from the complainant.
Opposite party is also directed to pay Rs.10,000/- as compensation for the mental agony and other monetary loss suffered by him. Opposite party is also directed to pay Rs.5, 000/- as costs of the proceeding to the complainant.
If the opposite party fails to comply with above directions the complainant is entitled to recover Rs.16,200/- being the price of the washing machine Rs.10,000/- being compensation along with interest @ 9 % per annum from the date of purchase (29.03.2019) till realization along with costs Rs.5000/- from the opposite party and from the assets of the opposite party.
Dictated to the Confidential Assistant Smt.Minimol S. transcribed and typed by her corrected by me and pronounced in the Open Forum on this the 26th day of February 2020.
E.M .MUHAMMED IBRAHIM:Sd/-
S.SANDHYA RANI:Sd/-
STANLY HAROLD: Sd/-
Forwarded/by Order
Senior Superintendent
INDEX
Witnesses Examined for the Complainant:- Nil
Documents marked for the complainant
Ext.P1:- Invoice bill bearing No. B2C/18-19/5300
Ext.P2:- Letter dated 04.09.2019
Witness examined for the opposite party:-Nil
Documents marked for the opposite party:-Nil
