Santiniketan Building, 9^th Floor, 8, Camac Street,

P.S. Shakespeare Sarani, Calcutta-17.

3)                   Deputy Manager, M/s. Whirlpool of India Ltd.,

Santiniketan Building, 9^th Floor, 8, Camac Street,

P.S. Shakespeare Sarani, Calcutta-17.                                                   ---------- Opposite Parties

Present :           Sri Sankar Nath Das, President.                                                        

                        Dr. Subir Kumar Chaudhuri ,Member

Order No.   23    Dated  28/02/2013.

            The case of the complainant in short is that complainant purchased a fully automatic washing machine (White Magic) of o.ps. on 9.3.02 for a price of Rs.11,832/- from Khosla Electronics Pvt. Ltd.

            After the initial warranty period was over complainant entered into an annual maintenance contract with o.ps. continuously. The annual maintenance contract was last renewed on 3.4.09 for a period of two years i.e. from 3.4.09 to 2.4.11. For that she paid Rs.3449/-.

            On 12.7.10 there was a leakage of water from the washing machine. The same was detected at a time of washing clothes. She lodged a complaint with o.ps. on 13.7.10. The complaint No. (Request No) was k 10710006569. On the same day one mechanic named Sushanta Das came and checked the machine and reported that the lid switch was defective and the hose pipe (internal) was cracked.

            Although complainant suffered huge inconvenience she waited till 6.8.10 when Mr. Sahu on being called said that due to transport trouble the part, which was to come from Pondichery, did not reach Calcutta. The same would be available very soon. The complainant continued calling the toll free No. in a frantic bid to get the machine workable. The complainant again called the toll free office, got assurance for repair. Finally on 13.8.10 Mr. Sahu said that the machine was irreparable.

            Complainant at last sent a notice dt.17.8.10 to o.p. no.1 through lawyer by regd. post with a/d on 20.8.10 calling upon the o.ps. to refund Rs.3949/- (contract money) with interest and pay a tentative damages of Rs.20,000/- for great inconvenience, suffering and loss and reckless entering into annual maintenance contract and the claimed amount was to be paid within 15 days, else, she would be compelled to approach  the appropriate forum and the company would be responsible for the costs and consequences thereof. The notice was duly received by the office of the o.p. no.1, but the date was not mentioned in the a/d card.

            Being disgusted and frustrated complainant purchased a new washing machine of L.G. company on 20.9.10 for a price of Rs.15,600/- from Fairdeal International (J.S). Hence the case was filed by complainant with the prayer contained in the petition of complaint.

            O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.

Decision with reasons:-

            We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant purchased washing machine for some comfort on 9.3.02 for a price of Rs.11,832 and after initial warranty period being over annual maintenance contract was entered into. The last annual maintenance contract was entered into (renewed) on 3.4.09 for a period of two years for Rs.3449/- and the annual maintenance contract was valid from 3.4.09 to 2.4.11 for the price of Rs.3449/-.

            We further find from the record that on 12.7.10 there was a leakage of water from the machine. Thereafter on 13.7.10 a complaint was lodged. On the same day one machine Sushanta Das came for repair and he inspected the machine and reported that the lid switch was defective and the hose pipe (internal) was cracked and he went away saying the machine would be repaired as and when the hose pipe would be available. The officers kept on taking dates first on 6.8.10, then on 16.8.10 and taking the plea of transport problem, in spite of the fact that on 11.8.10 and on 13.8.10 Sarat Sahu told that the machine was irreparable.

            It is seen from the record that at last on 17.8.10 a notice by regd. post was sent asking for refund of contract money and damages and intimated that a new machine was going to be purchased on 20.9.10 for a price of Rs.15,600/- after waiting for more than month  in the hope that o.ps. would do something.

            It also transpires from the record that being disgusted complainant purchased the washing machine on 20.9.10 a price of Rs.15,600/- as stated earlier, that too, waiting for quite sometime after serving the notice dt.17.8.10 in the hope that they would repair the machine and thus save the complainant’s money for the new machine. The o.ps. tried to convey that some parts are covered and some are not, for which  the party has to pay. But it is nobody’s case that the complainant ever refused to pay for the uncovered part on any occasion, or in the present case.

            In view of the above findings and on perusal of the entire materials on record and particularly para 8 of evidence of o.p. whether we find that the admission of o.p. the machine was irreparable and we find and hold that the o.ps. had sufficient deficiency in service being service provider to their complainant / consumer and complainant is entitled to relief.

            Hence, ordered,

            That the case is allowed on contest with cost against the o.ps. O.ps. are jointly and/or severally directed to pay to the complainant a sum of Rs.3449/- (Rupees three thousand four hundred forty nine) only towards the annual maintenance contract and are further directed to pay compensation  of Rs.7000/- (Rupees seven thousand) only for harassment and mental agony and litigation cost of Rs.3000/- (Rupees three thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% shall accrue over the entire sum due to the credit of the complainant till full realization.

            Complainant is at liberty to file execution case before this Forum in case of non execution of the aforesaid order in its entirety within the stipulated period under the provision of the COPRA, 1986.

            Supply certified copy of this order to the parties free of cost.