Filed on :21.11.2015

Disposed on.25.11.2016

BEFORE THE BANGALORE URBAN II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SHANTHINAGAR, BANGALORE – 560027

DATED THIS THE 25^th DAY OF NOVEMBER 2016

CONSUMER COMPLAINT NO.1891/2015

PRESENT: 

KUM. T. SHOBHADEVI, M.A., LL.B.,        …. PRESIDENT

SMT V.ANURADHA B.A., LL.B.,                   ….  MEMBER

V/S

ORDER

BY KUM. T. SHOBHADEVI,, PRESIDENT

          This complaint is filed under section 12 of the Consumer Protection Act 1986.

2.      The complainant submitted that, he has purchased IFB Dish Washer i.e. Neptune DX from the OP on 10.08.2011.  Thereafter the complainant took an AMC for a period of two years commencing from 22.01.2015 till 21.01.2017, vide invoice cum Receipt dated 22.01.2015 bearing Sl.No.24732 and Customer Code No.510280.  the said AMC has been extended till 21.02.20147 and evidenced from the Invoice cum Receipt. The Dish washer is not working since 31.07.2015 and as such complainant had called the customer care of the OP and lodged a complaint on the very same day i.e., 31.07.2015 and same has been registered and the complainant has been issued Ticket No.16116806.  In pursuance of the complainant one of the technicians of the OP visited the complainant’s residence and after inspection informed some part in the Dish Washer had to be replaced.  Thereafter none of the person of the OP have turned back to replace/repair the Dish Washer, despite the complainant repeated telephonic calls Dish washer is covered under the AMC with the OP.  Complainant sent email dated 17.08.2015 to the customer service of the OP intimating them regarding the complaint lodged on 31.08.2015. In response to the email sent by the complainant one Kalpana Thapa, IFB Customer Service of the OP sent an email to the complainant on 21.08.2015 regarding the delay and inconvenience caused to the complainant and stated grievance would be contended.  Complainant sent another email on 24.08.2015 stating not yet rectified the problem.  But there is no response from the OP.  complainant issued legal notice to the OP on 03.09.2015 by RPAD.  But there is no response.  Hence this complaint.

3.      Upon service of notice, OP remained absent and placed exparte.

4.      Perused the pleadings, evidence and available documents produced by the complainant.  Arguments are heard.

5.      The points that arise for our consideration are:

1. Whether the complainant has proved deficiency in service on the part of the OPs?
2. Whether the complainant is entitled for compensation?
3. What order and relief?

6.      Our answers to the above points:

1. Point No.1   :         In the Affirmative
2. Point No. 2  :         In the Affirmative
3. Point No. 3  :         As per final order for the following;

7. POINT NO. 1 AND 2:

On perusal of the documents it reveals that, the complainant has purchased IFB Dish Washer i.e., Neptune DX from the OP on 10.08.2011 and he also took AMC for a period of 2 years commencing from 22.01.2015 to 21.01.2017, vide Invoice cum Receipt dated 22.01.2015, bearing Sl.No.24732 and Customer Code No.510280.  The AMC is extended till 21.02.2017. Complainant has produced copies of documents to substantiate his case, they are

1. Cash/Credit Bill dated 10.08.2011, marked as Annexure a
2. Invoice cum Receipt dated 22.01.2015, marked as Annexure b
3. Email dated 17.08.2015, marked as Annexure c
4. Email dated 21.08.2015, marked as Annexure d
5. Email dated 24.08.2015, marked as Annexure e
6. Legal notice dated 03.09.2015, marked as Annexure f
7. Acknowledgement for having service the legal notice, marked as Annexure g
8. Document a and b clearly shows that AMC extended till 21.02.2017.  Such as the case, then the complainant has lodged complaint to get repair his Dish Washer, it is the duty of the P to solve the problem.  As per Annexure c to e i.e., email transaction between the OP and complainant, clearly proves the attempts made by the complainant to get the problem solved of his Dish washer.  Inspite of email sent by the Kalpana Thapa, IFB Customer Service, no one attended the repair of the Dish washer of the complainant, inspite of legal notice sent by the complainant.
9. Documents produced by the complainant clearly proves the negligence and careless attitude of the OP on the part of complaint his customers.  Inspite of the Forum notice service upon the OP, OP did not choose to reply the complaint.  Under the above said circumstances, there are no other grounds except to believe the facts of the complainant. under this circumstances, we are of the opinion that the complainant has proved the deficiency in service on the part of the OP. . Hence we answer the above Point No.1 and 2 in the Affirmative.

10.    POINT NO.3:- In the result, we proceed to pass the following;

     The complaint is allowed.

 The OP is directed to repay a sum of Rs.28,286/- being the cost of the IFB Dish washer i.e., Neptune DX by taking back the defective goods.

The OP is directed to pay a sum of Rs.5,000/- towards the litigation expenses to the complainant.

OP is directed to comply the above said order within 30 days from the date of receipt of this order.

Send copy of the order to both the parties at free of cost.

(Dictated to the Stenographer, transcribed and computerized by her/him and corrected and then pronounced by us in the open Forum on this the 25^th day of November 2016).

MEMBER                                        PRESIDENT