SMT.RAJASHREE AGARWALLA,MEMBER:-
Deficiency in service in respect of non-replacement of burnt washing machine are the allegations arrayed against Ops.
2. Complaint, in brief reveals that, Complainant purchased a whirlpool washing machine bearing Sl.No.2346,Model No.31149,on dtd.07.06.2017 from OP No.1-dealer by paying an amount of Rs.15,100/-. Money receipt and guarantee book issued to the complainant by OP No.1 against the purchase of said washing machine. The washing machine is manufactured by Whirlpool of India Ltd.(OP No.2). It is alleged that, on dtd. 27.11.2017 at about 10 PM, the washing machine burnt with a high sound, when it was in the house of the complainant. The incident was intimated to OP No.1-dealer, who visited the spot and took photographs and assured the complainant to ventilate the grievance to OP No.2 for replacement of the washing machine. But, till dtd.12.03.2018 the Ops did not replace the washing machine, which caused mental torture to the complainant. In the complaint, it is prayed that a direction may be given to Ops for replacement of the burnt washing machine by a new one or to refund the cost of the washing machine alongwith compensation of Rs.23,000/- which includes the cost of litigation and compensation for mental torture.
3. Though notice was served to the Ops through regd. Post with AD but OP No.1-Authorised dealer did not prefer to appear into the case,though postal A/D of OP No.1-dealer is a part of the case record, hence set ex-parte by this Forum vide order No.7 dtd. 31.05.2018.
OP No.2 Whirpool of India Pvt. Ltd. appeared through their Ld. Counsel and filed written version into the dispute. In the written version, it is averred that the burning of washing machine is not a manufacturing defect and complainant has not pointed out a single defect in the washing machine for her complaint. It is also averred that the burning of washing machine may caused due to poor electrical wiring. It is further averred that, the warranty in the washing machine covers only when any defects occurs, but in the instant case there is no allegation of any defect as alleged and complainant in order to avail new machine has foisted a false complaint against the Ops, which is to be dismissed with cost.
4. Take up the hearing, heard Ld. Counsel appeared for OP No.2 and case of the complainant on merit and ex-parte hearing against OP No.1-dealer. The purchase of washing machine by complainant is not disputed.
The complaint is filed for replacement of new washing machine as the case washing machine burnt on dtd.27.11.2017 at 10 PM with a high sound and the colour of the room damaged, inspite of assurance of OP No.1 the case washing machine is not exchanged. On the otherhand it is the defence of the OP No.2-manufacturing company that the washing machine in question was neither having any defects nor the complainant has lodged any claim before OP No.2 regarding mal-functioning of the washing machine prior to alleged date of occurrance. It is also the case of the contesting OP No.2 that as burning of washing machine is not a manufacturing defect and same incident can occur for poor electrical wirings and improper use of the washing machine, replacement of washing machine or refund of cost of the washing machine does not arise.
Considering the dispute in toto nowhere complainant alleges that due to any manufacturing defects in the washing machine, the incident occurs on dtd.27.11.17. Further no expert opinion or evidence is filed before this Forum to substantiate her allegation to avail any relief. Further, it is clear that in absence of any evidence of manufacturing defect this Forum can not issue any direction to OPs for replacement of the washing machine,just relying on the version of the complainant though the guarantee/warrantee exists during the period. In the circumstances, we cannot liable the Ops for committing any deficiency in service/unfair trade practice.
Hence, the complaint is dismissed without any cost.
Pronounced in the open Court, this the 22nd July,2019.
I, agree.
Sd/- Sd/-
PRESIDENT MEMBER
