Punjab

Patiala

CC/20/320

Meena Verma - Complainant(s)

Versus

M/s Whirlpool of India Limited - Opp.Party(s)

Sh.S.P Verma

09 Feb 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

 

                                      Consumer Complaint No. 320 of 21.12.2020

                                      Decided on:         9.2.2023

 

Meena Verma, aged 49 years R/o 143, New Mehar Singh Colony, Tripuri Town, Patiala 147004(Pb)

 

                                                                   …………...Complainant

                                      Versus

1. M/s Whirlpool of India Limited, Whirlpool House Plot No.40, Sector-44, Gurugram-122002(Haryana, India) through its Managing Director (Mr.Vishal Bhola)
2. M/s Unique Traders, Main Market, Tripuri Town, Patiala -147004 (Punjab, India) through its Proprietor/Partners.
3. M/s Bajwa Electronics, Backside Balaji Distributors, Urban Estate, Phase-1, Patiala- 147002(Punjab, India) through its Proprietor/ Partners.

                                                                   …………Opposite Parties

 

Complaint under the Consumer Protection Act

 

QUORUM

                                      Hon’ble Mr.S.K.Aggarwal, President

                                      Hon’ble Mr.G.S.Nagi,Member         

 

 

PRESENT:                   Sh.S.P.Verma, counsel for complainant.

                             Sh.Sunil Kumar Garg, counsel for OP No.1.

                             Opposite parties No.2&3 ex-parte. 

                              

 

                                     

 ORDER                                          

1. The instant complaint is filed by Meena Verma (hereinafter referred to as the complainant) against M/s Whirlpool of India Limited and others (hereinafter referred to as the OP/s) under the Consumer Protection Act ( for short the Act).
2. The averments of the complainant are as follows:

That on 14.1.2019, complainant purchased a washing machine, Model No.31331, Colour-Graphite, bearing Sr.No.INF185006461, manufactured by Whirlpool of India Limited (full automatic-360 Bloomwash PRO-H,9.5 Kgs. Dry, from OP No.2, for Rs.22881.36 with SGST+CGST=2059.32+2059.32, totaling Rs.27000/- with 10 years (3+7) years’ warranty comprised of 3 years comprehensive warranty and 7 years warranty on its motor and prime mover(Hexa Bloom Impeller-a wash plate which rotates water and clothes). On 16.1.2019, complainant also purchased a trolley and Wizpro/Whiz-Pro Liquid Detergent for the said washing machine for Rs.1250/-+300/-+Rs.1550/-( as recommend in the user manual ) from OP No.3.

Since beginning, said machine developed Rinse & Dry timing-disturbances and never adhered to the scheduled timings while washing. It used to change itself from wash-mode to soak-mode and vice versa and sometimes continued with soak mode after 5-6 minutes of washing. Water warming indicator often remained/continued ON. To avoid this vicious cycle, the machine had to be stopped midway quite often and to be restarted all over again and again. At this complainant made complaint on company’s toll free helpline number, which was forwarded to OP No.3, who sent its technician/mechanics to check the machine, but of no avail. Complainant again made a complaint on 27.3.2019 on the telephone No.0175-5014354 to OP No.3 whereupon its technician advised the complainant to make a video of the said malfunctioning andsend to them. Accordingly on 28.3.2019 complainant sent a video of machine’s said erratic working the technician of OP No.3 namely Mr.Daljeet Singh. OP No.3 offered to change/replace the said washing machine with new one. On 15.5.2019, OP No.3 replaced the machine in question with other old one (Bloomwash Pro 360 Degree Spray 9.5 Kgs.(Model:31333,Dry,360 BW Pro-HS,10YMW,Colour Graphine, Serial No.INF184331867 & date of manufacturing 27.10.2018 with Bar Code:3133301184331867) .But the changed machine also posed another set of new problems with water-leakage from its bottom-side within a few days of its installation. In this regard complainant informed OP No.3 who solved the said problem but after some time, the said machine also started giving various problems. The complainant made a video of the malfunctioning of the said machine also on 23.12.2019. She also time and again made a complaint in this regard to the OPs. On 4.7.2020 one Mr.Pardeep visited and changed the machine’s washer spare part to set-right the machine-timings but the same problem arose on woolen mode also. Complainant again made complaints but the same went without any fruitful result. The complainant again made videos with regard to the malfunctioning of the washing machine. There are thus inherent manufacturing defects in the washing machine. Complainant sent legal notice dated 24.10.2020 upon the OPs but they failed to respond the same. There is thus not only deficiency in service but also unfair trade practice on the part of the OPs. Consequently, prayer has been made for acceptance of the present complaint.

3. Notice of the complaint was duly served upon the OPs. OP No.1 appeared through counsel and filed the written statement while OPs No.2&3 failed to come present and were accordingly proceeded against exparte vide order dated 24.2.2021.
4. In the written statement filed by OP No.1 it took various preliminary objections. On merits, it is admitted that washing machine was replaced with another one . It is alleged that the complainant registered one call No.CHA0408293356 on 4.8.2020. On inspection PSB module was replaced and the matter was closed. The washing machine is technical working perfectly. There is no deficiency in service or unfair trade practice on the part of the OP. After denying all other averments, the OP has prayed for the dismissal of the complaint.
5. In support of the complaint, ld. counsel for the complainant  has tendered in evidence,Ex.CA affidavit of the complainant alongwith documents,Exs.C1 copy of dealer invoice, Ex.C2 copy of model details, Ex.C3 copy of manufacture details, Ex.C4        copy of warranty card, Ex.C5 copy of service provider invoice, Ex.C6 and Ex.C7 copies of medical prescriptions, Ex.C8 copy of washing machine model details, Ex.C9 copy of manufacture details, Ex.C10 copy of cycle/program guide of user manual, Ex.C11 video CD,Ex.C12 copy of cycle time/model from user manual,Ex.C13 copy of legal notice, Ex.C14 copy of postal receipt,Ex.C15 to Ex.C17 copy of postal tracking reports and closed the evidence.
6. On the other hand, ld. counsel for OP No.1 tendered in evidence Ex.OPA affidavit of Abhishek Paruthi, Branch Service Manager Whirlpool India and closed the evidence.
7. We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
8. Admittedly the complainant had purchased fully automatic washing machine vide invoice No.UT2978 dated 14.1.2019,Ex.C1 for Rs.27000/-.The said machine was bearing a warranty of 3+7 years as per warranty card,Ex.C4 .The complainant was not satisfied with the working of the said machine as there was time disturbance in the operation of the machine and also the machine used to change its mode itself i.e. from  washing to soak and vise versa on its own. Repeated complaints were made by the complainant to OP No.3 and also on the helpline of OPs No.1&2.The OPs then offered to replace the said washing machine of the complainant and it was replaced with a similar washing machine having model No.31333 on 15.5.2019  with date of manufacturing 27.10.2018, vide Ex.C8 and the same was accepted by the complainant.
9. The allegation of the complainant is that an old washing machine was handed over to him is not tenable as the machine which the complainant had purchased in the first instance was of model 12/2018 and the machine which was replaced was manufactured on 10/2018 and moreover the same was accepted by the complainant on its own sweetwill. However, the complainant was again not satisfied with the working of the said machine. Initially there was a problem of water leakage, which was set right by the OPs on 22.5.2019. Thereafter again problem of washing timings disturbance especially in P7 mode when machine continued to run without switching over to dry mode and machine had to be operated manually .This problem was again set right by the OPs on 4.7.2020 by changing the washer of the machine. However, after changing of the washer, the auto spread function of the machine stopped working alongwith P7 woolen mode mal functioning. There was also disturbance in the woolen washing timings and the matter was brought to the notice of the OPs but no fruitful action was taken. The evidence adduced by the complainant about the same in the shape of audio recordings Ex.C18, its transcripts,Exs.C19 and C20, screen shots of call logs,Ex.C21,  has gone un-rebutted.
10. In view of the above, the complaint is partly allowed and we are of the opinion that there was mal functioning in the timings of the automatic washing machine due to which the machine had to be operated manually many a times by the complainant. However, it is also proved that the complainant has been using the said machine since 21.8.2020 for almost three years. So, we deem it proper to refund the cost of the machine i.e. Rs.27000/- to the complainant alongwith compensation of Rs.2000/-only for causing harassment and mental agony to the complainant. We order accordingly. The complainant is directed to return the old washing machine in his possession to the OPs simultaneously. Compliance of the order be made by the OPs within 30 days from the date of the receipt of certified copy of this order.
11. The instant complaint could not be disposed of within stipulated period due to heavy rush of work, Covid protocol and for want of Quorum from long time.
85109252238716.  
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                                              G.S.Nagi                           S.K.AGGARWAL

                                              Member                          President