DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C. C. No. 58/2021
Date of Filing: Date of Admission: Date of Disposal:
02.03.2021 10.03.2021 28.12.2022
Complainant/s:- | Sri Praveen Kumar Dhanuka, S/o. Sri Hari Ram Dhanuka, 28, Ghatak Road, P.O. Kanchrapara, P.S. Bizpur, Dist- North 24 Parganas, Pin-743145. = Vs. = |
Opposite Party/s:- | 1.Managing Director, Whirlpool of India Ltd, Whirlpool House, Plot No.40, Sector-44, Gurugram-122002, P.O. Gurugram, P.S. Sushant Lok Police Station, Haryana, India. Regd. Office-A-4, MIDC, Rajangaon, Taluka-Shirur, Dist- Pune, Pin- 412220, P.O. MIDC Rajaugaon, P.S. Karegaon, Maharashtra. 2.The Service Head, Whirlpool of India Ltd, Whirlpool House, Plot No.40, Sector-44, Gurugram- 122002, P.O. Gurugram, P.S. Sushant Lok Police Station, Haryana, India. |
P R E S E N T :- Smt. Monisha Shaw …………………. Member.
:- Sri Abhijit Basu……………………….Member
JUDGMENT / FINAL ORDER
This is complaint U/s 35 of the Consumer Protection Act, 2019.
The Complainant stated that he purchased a washing machine on 22/10/2016 for consideration of Rs. 16,900/- from Whirlpool India Ltd. in July 2020. The O.P. No. 1 requested the Complainant to enter in which annual maintenance contract regarding the washing machine and the Complainant paid Rs. 7,200/- for the annual maintenance contract in July 2020 but the washing machine was not working and the Complainant got no response from the Opposite Parties for repairing of the same as per annual maintenance contract. Hence, the Complainant filed this case praying for an order directing the Opposite Parties to pay a compensation of Rs. 7,200/- and also for compensation and cost and other reliefs. The O.P. No. 1 and 2 contested the case to file written version denying all the allegation of the Complainant they stated that the washing machine was purchased in 2016 and the Complainant lodged the complaint much after the warranty period and therefore the Complainant is not entitled to get any relief of refund of purchase price as claimed. Hence, the O.Ps prayed for dismissal of the case.
Considering the contention of the parties and the evidence on record and also the submissions and the documents filed it is found that the washing machine was purchased in 2016 and therefore as per the O.Ps version it was much after the warranty period and the Complainant cannot claim the refund of purchase price.
Considering the facts and circumstances of evidence on record it is found that even after the warranty period the Complainant made an agreement for annual maintenance
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C. C. No. 58/2021
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contract paying Rs. 7,200/- but thereafter the O.Ps failed and neglected to repair the machine
as per annual maintenance contract and therefore the O.Ps are to refund the amount of Rs. 7,200/- since they failed to repair the machine after the same was out of order.
Hence, the case is allowed and contested in favour of the Complainant.
Hence,
It is Ordered
That the instant case being no.CC- 58/2021 be and the same is allowed on contest against the O.P No. 1 and 2 and ex-parte against the rest.
The O.Ps are directed to refund Rs. 7,200/- along with 6% interest thereon from the date of payment of the money till the refund within 02 (two) months from this date failing which the Complainant may take appropriate steps according to law.
Let plain copy of this order be given to the parties free of cost.
Dictated & Corrected by
Member
Member Member
