MR LAXMI NARAYAN PADHI, PRESIDENT…           The substance of case is that, the Complainant had purchased a washing machine, make Whirlpool, Model No. 116438, Professional Sport 7 Kg bearing its Sl No.INF 100401488, on dated 01/08/2012 from OP.no.3 by paying an amount of Rs.29,852/- along with 10 years warranty. That the invoice of the washing machine has been burnt in a fire mishap caused in his house on dt.18.6.14 at Berhampur, which incident was reported to the concerned police station. The said machine reported problems, but on complaint at Jeypore service center for whirlpool, he took the washing machine for 20 days, but he neither could mend the set nor replaced it through the OP.1 & 2. So the complainant approached the Customer center of OP No.1 & 2 vide no.BS1015000835, BSO815003770, BSO195000187 on different times within 20 days but for no use. So there is deficiency in service by the OP.s for which act, the Complainant inflicted with great mental tension & unrest in his family. Hence he prayed before the Forum to direct the OP.s to replace the washing machine with a new one along with fresh invoice and warranty and to pay Rs.50,000/- as compensation and Rs.5,000/- as cost of litigation for such unfair practice and deficiency in service on the part of OP.s.

            The complainant has filed copy of two annexure along with affidavit.

2.         The counsel for OP.1 & 2 has filed his counter and averred that, the present complaint is false, baseless, vexatious and frivolous, hence not maintainable and it also lacks jurisdiction. Further he stated that, the complaint is self explanatory for undue gain and the complainant has never purchased the alleged washing machine from any of OP.s and the fire mishap is nothing but a concocted story to get privilege if this honble forum, hence out rightly it required to be dismissed with cost. The house of the complainant never burnt and has made a story to take shelter of this honble forum. On the other hand the purchase particulars like model number and serial number claimed by the complainant is self explanatory and on contrary the OP.s never provide any washing machine in such model number and serial number, hence the present case is liable to be dismissed. As far as warranty is concerned, the company provides warranty only for two years instead of 10 years and if the complainant truly procured the washing machine should have adduce any single scrap of document before the honble forum. Hence he prayed that the case is false and there is no question of deficiency in service on the part of OP.s, hence he prayed to dismiss the case with cost in the interest of justice.

3.         On the other hand the OP.1 & 2 filed nothing except their counter without affidavit. The complainant has filed a copy of Fire certificate, a mail request letter along with his affidavit in support of his claim. The complainant heard the case and perused the record.

4.         The consumer protection act is a socio economic beneficial law, intended for speedy delivery of justice to the aggrieved and needy consumers and every complaint is supposed to be disposed off within a timeframe in consonance with the objects of the benevolent legislature, but inordinate delay in procurement of evidences and counter by the parties have emerged for reaching delirium to achievement of such objects.

5.         From the above submissions, it is found that the complainant has procured the washing machine on dt.01.08.2012 and unfortunately the invoices and other home appliances were got damaged due to a fire mishap occurred on dt.17.06.2014 and the alleged set got damaged with in valid warranty period of two years and the OP also agreed in counter that the washing machine covers 02 years of warranty. No doubt the fire incident was occurred at Berhampur but the complainant then after appointed as Manager, Axis Bank, Nabarangpur and approached the authorized service center at Jeypore dist of Koraput to repair the set and who kept the machine in his possession for 20 days but could not mend the set. As the OP Company being a largest electronics hub and carries business throughout the country, he should not take plea of jurisdiction. It is also seen that the complainant also approached the OP.1 & 2 for three times through their toll free vide complaint regd no.BS1015000835, BSO815003770, BSO195000187 but the OP.s neither satisfies the complainant nor even tried to settle the problems through their local service center. Considering the evidences, submissions by the complainant, we are of the view that, the washing machine set purchased by the complainant has some defects, and the OP.s failed to rectify the set within warranty. Thus the complainant sustained mental agony with the defective set, and also inflicted financial losses and valuable times due to the negligence, deceptive and unfair practices of OP.s, hence under compulsion the complainant craves the leave of this forum and filed the instant case and prayed for compensation.

6.         From the above discussions and perusing the submissions by the complainant, we have carefully examined the contentions and evidences of both the parties and found deficiency in service on the part of OP.1 & 2. It is further noticed that, prior to placing model number, serial number & fire certificate by the complainant, the OP.s are failed to prove their case through documentary evidences that the complainant is not a consumer under them, hence we feel that the action of OP.s is deliberate, illegal and unfair which amounts to deficiency in service, hence found guilty under the provisions of the C.P.Act 1986, as thus the complainant is entitled for compensatory relief. So we allowed the complaint against the OP.no.1 & 2 with cost.

O  R  D  E  R

i.          The opposite party no.1 & 2 supra severally and collaterally are hereby directed to repair the alleged washing machine in free of cost to the satisfaction of the complainant, inter alia, to pay Rs.1000/-(One thousand) as compensation and a sum of Rs.500/-(Five hundred) towards the cost of litigation to the complainant, for such deceptive practices, deficiency in service and willful negligence.

iii.       All the above directions shall be complied with in 30 days of this order, failing which, the total monetary awarded sum will carry 12% interest per annum till its realization. Pronounced on 18th day of July' 2016.

                     Sd/-                                                                     Sd/-

               MEMBER                                                    PRESIDENT, DCDRF,

                                                                                         NABARANGPUR