CONSUMER DISPUTES REDRESSAL FORUM – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110 016
Case No.70/2012
SH. R.D. SHARMA
S/O SH. AJIT SINGH
C-2/4 CONCOR COLONY
TUGHLAKABAD, NEW DELHI-110044
…………. COMPLAINANT
VS.
- M/S WHIRLPOOL INDIA LTD.
WHIRLPOOL HOUSE
PLOT NO.40, SECTOR-44, GURGAON-122002
- M/S TUSHAR VISION
33 A & A 5, MAIN SURAJ KUND ROAD,
PUL PEHLADPUR, NEW DELHI-110044
…………..RESPONDENTS
Date of Order:05.05.2016
O R D E R
A.S. Yadav – President
The case of complainant is that he purchased a washing machine manufactured by OP-1 through its authorized dealer i.e. OP-2 on 03.04.2010 for a sum of Rs.8,200/-.
It is further stated that from the very beginning of its purchase, the washing machine was having complications in the functioning particularly the dryer went unserviceable. Complainant complained to concerned service stations of OPs in this regard and engineers of the OP-1 visited complainant’s place to repair the same but were unable to mend the washing machine completely. Thereafter every one-two months dryer became unserviceable and on complaint, company got it repaired but the visiting engineer never informed that the said model has got inbuilt defect. Complainant contacted Customer Care of OP-1 personally and sent Emails on 27.12.11, 30.12.11, 06.01.12, 07.01.12 and 12.01.12 but all in vain. Vide email dated 27.12.11 complainant requested OP-1 to sort out problem and Mr. Divya Kaushik, employee of OP-1 contacted complainant and told that complainant’s troubling washing machine will be replaced with another model of complainant’s choice, free of any charges and without any depreciation. Complainant again mailed to OP-1 on 06.01.12 and in reply complainant was informed that the said machine will be replaced on 15% depreciation and transportation of Rs.500/- will be waived of. Complainant vide email dated 07.01.12 accepted the offer however nothing has been done. Thereafter complainant sent another email dated 12.01.12 to OP-1 but did not get any response from OP. Therefore this complaint has been filed. It is prayed that OP be directed to refund cost of washing machine i.e. Rs.8,200/- alongwith interest @ 12% p.a. plus Rs.50,000/- for compensation and Rs.10,000/- for litigation expenses.
OP remained exparte.
We have heard Ld. Counsel for complainant and Mr. Satyavir Sharma, Ld. Counsel for OP. It is proved form the unchallenged testimony of the complainant that the machine was defective. It is also proved from email of complainant that OP has agreed to replace the machine after deducting 15% of amount towards depreciation and complainant has also agreed to it. Probably after this things did not finalize despite complainant’s sending number of emails/complaints. Hence this complaint was filed.
In fact on 10.07.2015, parties have agreed to settle the matter and complainant agreed to receive Rs.10,000/- towards full and final settlement and the matter was listed for payment of the amount for 12.08.2015. On 12.08.2015, complainant did not agree with the settlement and the matter was listed for final arguments. Complaint has proved its case against OP.
OP is directed to refund Rs.8,200/- to complainant i.e. the price of the machine alongwith interest @ 9% p.a. from the date of filing of complaint and also directed to pay Rs.3,000/- towards compensation and Rs.3,000/- towards litigation expenses.
Let the order be complied within one month of the receipt thereof. The complaint stands disposed of accordingly.
Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.
(D.R. TAMTA) (A.S. YADAV)
MEMBER PRESIDENT
