PER MR.B.S.WASEKAR, HON’BLE PRESIDENT

1)                The present complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986.  According to the complainant, he had purchased Washing Machine from the opponent for Rs.16,990/-.  He has produced the copy of bill on record.  Within a month of purchase, the Machine started giving problem. There was manufacturing defect.  Therefore, the complaint was lodged with the opponent.  The Technician of the opponent attended the complaint but they could not repair the Machine.  Vide letter dated 26^th February, 2015, the opponent accepted the manufacturing defect and requested to take the refund or to buy any other product.  Even though, the opponent accepted the defect and agreed for refund, still, no amount was refunded.  Therefore, the complainant has filed this complaint for refund of the amount of Rs.16,990/-.  He has also prayed for compensation of Rs.20,000/-. 

2)                The opponent remained absent though duly served.  Therefore, the matter is proceeded exparte against the opponent.

3)                The complainant has produced the bill receipts and correspondence on record.  The receipt shows that the complainant paid Rs.16,990/- towards the price of Washing Machine to the opponent. The correspondence on record shows that there was manufacturing defect in the Washing Machine.  The Technician of the opponent attended the complaint but they could not repair it.  Therefore, vide letter dated 26^th February, 2015, the opponent accepted the defect and agreed for refund the amount. But, there was no refund.  Therefore, the complainant has filed this complaint.  The evidence produced by the complainant remained unchallenged therefore, we are accepting it. There is apparent deficiency in service on the part of the opponent.  Therefore, the opponent is liable to refund the amount of Rs.16,990/- to the complainant.  The opponent supplied defective Washing Machine to the complainant thereby the complainant suffered mental agony.  The complainant has claimed compensation of Rs.20,000/-. We think, the compensation of Rs.10,000/- will suffice  the purpose.  Besides this, the complainant is entitled for the cost of litigation of Rs.5,000/-. Hence, we proceed to pass the following order.

ORDER

1. Complaint is allowed.
2. The opponent is directed to refund Rs.16,990/- (Rs.Sixteen Thousand Nine Hundred Ninety Only) to the complainant with interest at the rate of 9% per annum from the date of filing of the complaint i.e. from 30^th July, 2015 till realization. 
3. The opponent is also directed to pay Rs.10,000/- (Rs.Ten Thousand Only) to the complainant as compensation for mental agony. 
4. The opponent is further directed to pay Rs.5,000/- (Rs.Five Thousand Only) to the complainant as cost of this litigation.
5. The above order shall be complied with within a period of one month from today.
6. Copies of this order be sent to the parties free of cost.

Dictated & Pronounced on 11^th September, 2015