DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD

Dated this the 31st  day of October 2013 

Present: Smt.Seena.H, President

    Date of Filing : 29/07/2013

 

Smt.Thankam Ramachandran Retd.H.M.

W/o.Ramachandran,

Residing at Prathyusha, Paramesh Nagar,

Olavakkode, Palakkad

(By Adv.V.K.Venugopalan)                             -                  Complainant

        Vs 

1.M/s.Das Agencies, 7/10(1),

 College Road, Palakkad – 1

 

2.M/s.Whirlpool of India,

 Corporate Office, Plot No.40,

 Sector-44, Gurgaon Pin-122 002                    -                  Opposite party

 

 

 

Order by Smt.SEENA.H, PRESIDENT

 

Complainant a senior citizen, purchased a fully automatic Whirlpool washing machine from 1^st opposite party   for Rs.27,500/- on 4/10/12. After installation, the machine failed to work properly and found showing inherent defects.  Even after repeated requests, the 1^st opposite party  or its representative did not respond to the legitimate demand of the complainant. Thereafter defects occurred five times and finally the service personnel opined that they are unable to service the equipment properly and suggested for replacement of the machine.

The complainant and her husband in their old age are suffering misery and inconvenience, due to  the  non functioning of the washing machine. Thereafter a legal notice was issued on 7/5/13 for which no reply was received. Thereafter on 30/5/2013 the machine was taken to authorized service center and it was returned to the complainant on 4/6/13, but with the same defect.

The opposite parties have the duty to perform as promised in the guarantee agreement and as per the hand book supplied along with the machine. They have also offered replacement guarantee for a year. But they did not prefer to abide as they promised. Their machine has manufacturing defects which could not be rectified by their technicians.

The acts and omissions on the part of opposite parties in the subject matter is nothing but clear deficiency in services and unfair trade practice. 1^st opposite party is trying to wash of his hands putting the blame on the manufacturer who is far away from the customer. The manufacturer also did not even respond to the complaint. Both of them failed to respond to the legal notice also.

Hence the complaint. The complainant prays for an order directing the opposite parties to replace the defective equipment at the earliest or return the price received with interest, pay an amount of Rs.20,000/- as compensation for mental agony, cost and such other relief that the Forum deem fit.

Both opposite parties set exparte.

 

Complainant filed chief affidavit. Ext.A1 to A8 marked.

 

Issues for consideration:-

 

1.    Whether the machine supplied to the complainant is a defective one?  

2.    Whether there is any deficiency in service on the part of opposite parties ?

3. If so, what is the relief and cost entitled to the complainant ?

Heard complaint. Complainant purchased an automatic whirlpool washing machine from 1^st opposite party is born out by Ext.A2. Complainant purchased the machine on 4/10/12 as per Ext.A2. Ext.A5 service request shows that the defective parts replaced on 13/12/2012 i.e. within 2 months. Ext.A6 service request dated 4/6/2013 shows replacement of defective parts. According to the complainant defect still persists. Opposite parties has not adduced any evidence contrary  to the one adduced by the complainant. Hence the evidence tendered by the complainant stands unchallenged. Complainant has used the machine for some period for which depreciation has to be deducted. An amount of Rs.25,000/- as compensation will meet the ends of justice.

In the result, complaint allowed. Opposite parties 1 & 2 jointly and severally directed to pay complainant an amount of Rs.25,000/-(Rupees Twenty five thousand only)  as compensation and Rs.1,000/- (Rupees One thousand only) as cost of the proceedings. Order to be complied within one month from the date of receipt of order,  failing which the complainant is entitled for 9% interest per annum for the whole amount from the date of order, till realization.       

Pronounced in the open court on this the 31st  day of October 2013.   

Seena H

President