BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint No.421/2019.
Date of instt.: 05.08.2019.
Date of Decision: 12.02.2020.
Rakesh Jamaliya aged about 50 years son of Shri Sant Lal, R/o House No.C3, Gumbar Flat, IIIrd Floor, GTM Hisar Road, Sirsa.
……….Complainant.
Versus
- M/S Service Plaza, Jain Market, Sadar Bazar Sirsa, through its authorized person/ Proprietor.
- IFB Care/ Service Center, Dr. Amar Singh Sidhu Wali Gali, Arya Samaj Road, Sirsa, Distt. Sirsa through its authorized person/ Proprietor.
- IFB Service Center India, Ahmedabad Kreena Sales, Amp Services Address Trishila Complex, Ground Floor, Opp. Sakar School, New CG Road, Chandkheda, Ahmedabad- 382424.
..……..Opposite Parties.
COMPLAINT UNDER SECTION 12 OF CONSUMER PROTECTION ACT, 1986.
Before: SH.R.L.AHUJA…………………………PRESIDENT
MRS.SUKHDEEP KAUR………………MEMBER.
Present: Shri Dheeraj Jain, Advocate for the complainant.
Shri Satish Kumar, Representative on behalf of opposite party no.1.
Sh. Mukesh Kaliramna, Advocates for opposite party No.2.
Opposite party no.3 exparte.
ORDER
In brief, the case of the complainant is that complainant had purchased one fully automatic washing machine of IFB company, Model- TLRCG 6.5 Kgs. from op no.1 vide invoice No. SP/B 053 on 10.10.2018 for a sum of Rs.19,234/-. The op no.1 had given warranty card/ book with one year complete and ten year warranty of motor. That washing machine worked properly for few months but on 25.6.2019 it stopped functioning completely. It is further averred that initially complainant approached op no.1 regarding problem in the washing machine and on the asking of op no.1, he also approached to op no.2. The serviceman of op no.2 visited the house of complainant and checked the washing machine but the problem could not be solved out and they obtained the copy of bill of washing machine and gave assurance that matter will be reported to the higher authority but till today no solution has been done by all the ops despite his several requests sent through emails. Hence, this complaint.
2. On notice, opposite parties no.1 and 2 appeared. Op no.1 filed reply and admitted about sale of washing machine to the complainant. It is submitted that full warranty of two years and ten years warranty of motor is given by the concerned company. If there is some defect in the washing machine, then the customer has to make complaint to the call center of the company on toll free number for which customer has to show the bill and problem is to be removed by the company and there is no responsibility of the dealer. It is further submitted that at the time of sale of washing machine all these facts were told to the complainant.
3. Op no.2 filed written statement raising certain preliminary objections. It is submitted that op no.1 is not an authorized dealer/ franchisee of IFB Industries Limited i.e. manufacturer of the appliances. The said manufacturer has not authorized op no.1 to sell the IFB products. It is further submitted that relationship between op no.2 with ops no.1 and 3 is on principal to principal basis and op no.2 cannot be held liable for any independent act and omission, if any committed by other ops. It is further submitted that complainant has not proved the alleged defects in the machine by way of an expert opinion. On 27.6.2019, a request call from complainant was received by the manufacturer on toll free number to attend the appliance. Technician visited house of complainant and found that the washing machine bearing Serial No. 062792 was neither purchased by complainant from the authorized sales point nor warranty terms of the manufacturer were applicable. The complainant was not ready to pay the service charges, so the complaint of complainant was cancelled while appreciating him all the facts. The washing machine is not covered under the warranty and complainant cannot compel the manufacturer to render free of costs services. It is further submitted that op no.2 is only one of the authorized service franchisees of the manufacturer. With these averments, dismissal of complaint prayed for.
4. Opposite party no.3 did not appear despite notice and was proceeded against exparte.
5. The parties then led their respective evidence.
6. We have heard learned counsel for the parties and have gone through the record carefully.
7. The complainant in order to prove his complaint has furnished his affidavit Ex.CW1/A in which he has deposed and reiterated all the averments made in the complaint. He has also furnished cash/ credit memo Ex.C1 and copies of emails Ex.C2 to C4. On the other hand, op no.2 has furnished affidavit of Mr. Dilbag Singh, proprietor as Ex.RW1/A in which he has reiterated all the averments made in the reply. Sh. Satish Kumar, Proprietor of op no.1 suffered a statement that written statement/ reply filed on behalf of op no.1 be read as evidence on behalf of op no.1.
8. It is proved on record that on 10.10.2018 complainant had purchased a washing machine of IFB company from opposite party no.1 for a sum of Rs.19,234/- (including GST) which was manufactured by op no.3. It is also proved on record that washing machine worked well for few months but on 25.6.2019 it stopped its functioning completely and is lying with complainant. The complainant approached the ops time and again to carry out necessary repairs in the washing machine and to make it defect free. It is settled principle of law that it is legal obligation of the seller, manufacturer of a product to provide after sales services to the customer like complainant free of cost till the period of warrantee. Since washing machine is within warrantee period, it is legal obligation of ops to carry out necessary repairs in the washing machine and to make it defect free even by replacing any part without any costs.
9. In view of above, we allow this complaint and direct the opposite parties to carry out necessary repairs in the washing machine of complainant and to make it defect free even by replacing any part without any costs. In case it is found that there is manufacturing defect in the machine and same is not repairable, then the ops shall replace the same with a new one of same make and model free of costs or in the alternate will make refund of the amount of washing machine i.e. Rs.19,234/- to the complainant. We further direct the ops to pay a sum of Rs.3000/- as composite compensation and litigation expenses to the complainant. The ops are liable to comply with this order within a period of 30 days from the date of receipt of copy of this order. A copy of this order be supplied to the parties free of costs. File be consigned to the record room.
Announced in open Forum. Member President,
Dated:12.02.2020. District Consumer Disputes
Redressal Forum, Sirsa.
