BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Anju Sharma w/o Sh. Susheel Kumar Vaid, r/o #3807, Sector 22-D, Chandigarh.

…..Complainant

                           V E R S U S

1)  M/s Electronic Enterprises through its Proprietor/Partner

SCO 2466, Sector-22-C, Chandigarh.

2)      M/s IFB Industries Limited through it Proprietor/Partner SCO 146-147, Sector 34-A, Chandigarh.

                  ……Opposite Parties

CORAM:  SH.JAGROOP SINGH MAHAL        PRESIDENT

              SH.SIDDHESHWAR SHARMA MEMBER

DR.(MRS) MADHU BEHL       MEMBER

Argued by: Sh.Susheel Kumar Vaid, Auth. Repr.  alongwith her counsel, for complainant.

                OP No.1ex-parte.

Sh. Devinder Kumar, Adv. proxy for Sh.P.K.Kukreja, Adv. for OP NO.2.

PER SHRI JAGROOP SINGH MAHAL, PRESIDENT

             Succinctly put, the complainant purchased washing machine from OP-1 on 30.01.08 for Rs.25,000/- with a warranty for 2+2=4years i.e upto 4.2.2012. The complainant stated that at the time of purchase of the said machine it was assured by OP-1 that the machine will be replaced for manufacturing or other defect within the guarantee/warranty period.  The complainant stated that from the very beginning she faced problem with the machine and approached OP-1 for defect rectification as it was still under guarantee/warranty period. As per the complainant the OP sent his mechanic for defect rectification of the machine but the said mechanic was unable to rectify the defect. The complainant further stated that she contacted OP-1, so many times to send some other mechanic for defect rectification of the machine but was not responded by OP-1. Hence this complaint alleging that the aforesaid acts of the OPs amount to deficiency in service and unfair trade practice. The complainant has prayed to direct OPs to replace the defective washing machine with new washing machine and also pay compensation on account of damages, loss, harassment and inconvenience caused to her.

2.             Despite service, none appeared for OP-1, hence, OP-1 was proceeded against ex-parte.

3.             In the written reply OP-2 admitted the factual matrix of the complaint and stated that OP-2 has appointed various sales points through India and the relationship between the OP-2 and such sales points are on principal to principal basis and further stated that OP-2 cannot be held liable for any independent act and omission, committed by other Party. The complainant has concealed the warranty terms extended by the OP No. 2 and Owners manual containing “limited warranty” terms were delivered to the complainant alongwith the delivery of the washing machine. OP-2 further stated that the warranty of the machine was for a period of 2 years only i.e. upto 29.01.10 and only limited warranty terms were extended, whereas guarantee terms were never extended at all.  Denying all the material allegations of the complainant and pleading that there has been no deficiency in service or unfair trade practice on their part prayer for dismissal of the complaint has been made. 

4.             Parties led evidence in support of their contentions.

5.             We have heard the parties and have also perused the record. 

6.             The washing machine was purchased by the complainant vide Annexure C-1 on 30.01.08. Annexure R-2/1 shows that it carried a warranty of 24 months, which in this case would expire on 29.01.2010. The contention of the complainant is that the washing machine is giving troubles, it is not working properly and numerous complaints have been made to the OPs to repair the same and make it in working condition but the OPs have failed to do so. Since the washing machine is within the warranty period, it is the duty of the OPs to attend the complaint and repair the machine, which they have failed to do, causing harassment to the complainant. 

7.             We are of the opinion that the present complaint must succeed. The same is accordingly allowed. The OPs are directed to repair the machine free-of-cost within 15 days from the receipt of the copy of this order and also pay to the complainant Rs.5,00/- towards compensation and Rs.5,50/- as costs of litigation, failing which they would be liable to pay the same alongwith penal interest @12% p.a. since the filing of the present complaint i.e. 25.08.09, till the amount is actually paid to the complainant.

              Certified copies of this order be sent to the parties free of charge.  The file be consigned.