By G. Yadunadhan, President. The case of the complainant is that he had purchased a Whirlpool white magic fully automated washing machine (Model No. INB 091800873) on 24.7.2009 from the 2nd opposite party, which was manufactured by 1st opposite party. The 2nd opposite party is the authorized dealer of 1st opposite party. The complainant paid the entire amount of Rs.13914/82 to the 2nd opposite party. At the time of purchase of the above washing machine the opposite parties represented before the complainant that the said item is completely free from all manufacturing defects and they issued warranty card in favour of the complainant for the period from 24.7.2009 to 23.7.2011. As per the warranty card the opposite party shall be liable and responsible for all the defects which may happen to the above machine. Washing machine was installed and after installation the complainant noticed a minor sound from the machine and the same was reported to the Mechanic. The Mechanic told the complainant that there was nothing wrong with the washing machine. Several time complainant approached the 1st and 2nd opposite parties to get the machine repaired, but they refused to rectify the defects or replace the same with a new one. Hence the complainant seeking relief against opposite party No.1 and 2 to refund the amount already been paid by the complainant and also to pay a compensation along with interest. After serving notice, Opposite party No.1 and 2 have not entered in appearance. Hence on 28.1.2010, opposite party 1 and 2 were called absent and set exparte. Complainant was examined as PW1 and Ext. A1 to A6 were marked on the side of the complainant. At the time of examination, PW1 deposed that he had purchased the washing machine from the 2nd opposite party, who is the authorized dealer of Whirlpool washing machine. The 1st opposite party is the manufacturer of the machine. After installing the washing machine, a minor sound appeared and it was intimated to the 2nd opposite party. The Mechanic told the complainant that nothing is wrong with the machine. But the sound increased day by day. Complainant promptly informed the complaint to opposite party but they failed to attend the complaint or to replace the same, which shows a gross negligence and deficiency on the part of the opposite parties 1 and 2. From the affidavit and from the Exts. A1 to A6, complainant’s case is proved. Due to the negligent act of the opposite parties 1 and 2, complainant was compelled to purchase another washing machine. It is clearly revealed from the Ext. A6 document. Hence we are of the opinion that opposite parties 1 and 2 are liable to return the bill amount of Rs.13915/- along with a compensation of Rs.2000/- to the complainant. The opposite parties are directed to comply the order within one month from the date of receipt of the copy of this order, failing which the complainant is entitled to get 9% interest from the date of filing of this complainant till realization. Pronounced in open Court this the 5th day of February 2010. Sd/-President Sd/-Member Sd/-Member APPENDIX Documents exhibited for the complainant. A1 Retail Invouce No.609 dted 24.7.09 for Rs.13914/82. A2 User Manual. A3 Copy of lawyer notice. A4 Postal acknowledgemen t card. A5 Postal acknowledgement card. A6 Retail Invoice No. 642 dated12.12.09 for Rs.7500/-. Documents exhibited for the opposite parties. Nil. Witness examined for the complainant: PW1 E. Babu, Edathil House, Thiruvambady P.O., Pin.673603. Sd/- President (Forwarded/by Order) Senior Superintendent. | 
