BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KAITHAL.
Complaint Case No.262 of 2020.
Date of instt.:28.08.2020.
Date of Decision:02.03.2021.
Sushil Saini, S/o Sh. Kartar, R/o near Bus Stand VPO Siwan, Tehil Siwan & District Kaithal-136027, Haryana.
……….Complainant. Versus
- M/s. Surya Trading Company through its Manager, having its office near I.G.School, Dhand Road, Kaithal, Haryana.
- M/s. Whirlpool of India, through its office bearer, having its office at Whirlpool House, Plot No.40, Sector-44, Gurugram, India-122002.
..………OPs.
COMPLAINT UNDER SEC. 12 OF CONSUMER PROTECTION ACT, 1986.
Before: Sh. D.N.Arora, President.
Smt. Suman Rana, Member.
Present : Sh. Anil Saini, Advocate for complainant.
OPs already exparte.
Sh. Sukhvir Singh, Adv. for the applicant-Op No.2.
ORDER
D.N.ARORA, PRESIDENT
The complainant has filed the present complaint under Section 12 of Consumer Protection Act, 1986 as after amendment under Section 35 of Consumer Protection Act, 2019 with the averments that the complainant purchased an Whirlpool Washing Machine, Model No.30174 bearing Sr.No.INB18280S110 for the sum of Rs.13,990/- from the Op No.1. It is alleged that after 2/3 months of its purchase, the said washing machine started making unusual noises and started stopping during its operation time. Thereafter, its washer stopped working and complainant made several complaints to Op No.1 also made complaint to Op No.2 on their toll free No.18002081800 but the Ops did not redress the grievances of complainant. So, it is a clear cut case of deficiency in service on the part of Ops and prayed for acceptance of complaint.
2. Upon notice, the Ops did not appear and opted to proceed against exparte vide order dt. 26.10.2020.
3. The complainant tendered in evidence affidavit Ex.CW1/A and documents Annexure-C1 to Annexure-C4 and thereafter, closed the evidence.
4. We have heard the learned counsel for complainant and perused the case file carefully and minutely.
5. Undisputedly, the complainant purchased an Whirlpool Washing Machine, Model No.30174 bearing Sr.No.INB18280S110 for the sum of Rs.13,990/- from the Op No.1. According to the complainant, after 2/3 months of its purchase, the said washing machine started making unusual noises and started stopping during its operation time and thereafter, its washer stopped working. The grievance of the complainant is that the Ops did not redress the grievances of complainant.
6. It is pertinent to mention here that the complainant had moved an application on 01.02.2021 for expert opinion and the said application was allowed by this Commission vide order dt. 01.02.2021. The expert namely Sh. Randhir Singh, Electrician Instructor, Govt. I.T.I., Kaithal submitted his report Mark-A in this Commission on today. We have perused the said report wherein the expert has mentioned that he checked the functioning of washing machine and found that the working of said washing machine was not as per standard due to the following reasons:-
“1. Washing machine makes unbearable extra pulsinator noise from washing and dryer motor.
2. Fear of Electronic Shock from machine as every metal part has leakage current.
3. Washing drum & Water outlet pipe and its filter blocked heavily that effect the drainage of water from the washing area.”
He further mentioned in his report that the working of said product was found not O.K. for use due to above-mentioned reasons and working the below average. So, from the said report of expert, it is clear that the washing machine in question was defective. The complainant has supported his versions by affidavit, Ex.CW1/A and documents Annexure-C1 to Annexure C4. Whereas, on the other hand, the Ops were proceeded against exparte. However, the applicant-Op No.2 moved an application for setting-aside the exparte order dt. 26.10.2020 passed against the Op No.2 and the same was dismissed vide separate detail order on today. Hence, the evidence produced by the complainant goes unrebutted and unchallenged against the Ops. In such like circumstances, we find that the complaint filed by the complainant seems to be genuine and the Ops have sold the defective washing machine to the complainant. Hence, we find that there is deficiency in service on the part of the Ops.
7. Thus, in view of above discussion, we allow the complaint and direct the Ops to replace the defective washing machine of the complainant with the new one of the same model, as purchased by the complainant vide invoice dt. 22.08.2018 as per Annexure-C1. However, it is made clear that if the said washing machine as purchased by the complainant, is not available with the Ops, then the Ops shall refund Rs.13,990/- as the cost of washing machine to the complainant. The Ops are also directed to pay Rs.3,000/- as compensation for harassment, mental agony and costs of litigation charges to the complainant. Both the Ops No.1 & 2 are jointly and severally liable. Let the order be complied with within 45 days from the date of preparation of copy of this order, failing which, the complainant shall be entitled interest @ 9% p.a. for the defaulted period. A copy of this order be sent to both the parties free of cost. File be consigned to the record room after due compliance.
Announced in open court:
Dt.:02.03.2021.
(D.N.Arora)
President.
(Suman Rana),
Member.
