BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 30th day of September 2011
Filed on : 19/07/2011
Present :
Shri. A Rajesh, President.
Shri. Paul Gomez, Member.
Smt. C.K. Lekhamma, Member.
C.C. No. 380/2011
Between
Joshi A. Thaliath, : Complainant
FI, Garden Woods, (By Adv. Paulson C. Varghese,
Chakkungal road, 37/2690, Ponoth road, Kaloor P.O
Palarivattom, Kochi-17)
Cochin-25.
And
1. M/s. Whirlpool of India Ltd., : Opposite parties
Corporate office,
Plot No.4, Sector 44, (absent)
Gurgaon-122 002.
2. The Home Care Consumer Cell,
Whirlpool of India,
Consumer Service Head Office,
28 NIT, Faridbad-121 001.
O R D E R
C.K. Lekhamma, Member.
The case of the complainant is as follows:
The complainant purchased a Whillpool Washing Machine, manufactured by the 1st opposite party, on 25-10-2008. The second opposite party is the Consumer Care Cell of the first opposite party. The complainant has taken extended warranty from the 1st opposite party up to 24-10-2012. The machine had no serious problems in the initial period of 8 months. Thereafter the machine developed problems. The performance of the same was very badly affected to the extent that the cloths which were completed washing, found stained with patches. The service centre executives repaired the machine, the defect got subsided but after few weeks, the same defect got aggravated. On 23-04-2010 the complainant had registered a complaint the same was not properly attended to by the service centre and closed the complaint. The complaint dated 03-05-2010 was attended only on 13-06-2010. In spite of all the attempts the machine was not working since April 2010. The complainant had been put to severe hardship and inconvenience due to defective machine sold by the first opposite party. The services rendered by the opposite parties were defective and thereby the complainant was put to loss, damages and mental agony. The complainant sent a legal notice to the opposite parties the same was unattended by them. The following reliefs are sought for against the opposite parties (i) to pay a sum of Rs. 18,000/- towards the cost of washing machine,(ii) to refund an amount of Rs. 2,099/- being the amount for extended warranty together with interest and compensation.
2. The complaint appeared through counsel. Despite receipt of Notice from this Forum the opposite parties remained absent. The complainant adduced only documentary evidence. Exts. A1 to A3 were marked on his side. After closing the evidence, the counsel for the complainant was heard.
3. The following points are at issue:
i. Whether the opposite parties are liable to repair or replace the washing machine under dispute?
ii. Compensation and costs if any?
4. Points Nos. i&ii. Ext. A1 is the copy of the lawyer notice and Ext. A2 is A/D card of the same. Ext. A3 is the copy of the Application form-cum-Receipt and copy of the receipt. According to the complainant he purchased the disputed washing machine in the year of 2008 the warranty of the same has been extended till 2012. It appears that such a contention is not mentioned in the Ext. A1 lawyer notice. There is no evidence before us to disprove the contentions of the complainant. Ext. A1 copy of the lawyer notice would show that the complainant has taken his earnest effort to settle the issue before approaching this forum.
In the above circumstances, we are only to hold that the opposite parties are liable to cure the defect of the disputed device. If the opposite parties are not in a position to cure the defects of the machine they are liable to replace the same with a new machine. As per the complaint admittedly seems that the complainant has used the washing machine for some period. Therefore, we are not ordering any compensation and costs of the proceedings.
5.Thus we partly allow the complaint and direct that:
The opposite parties shall forthwith cure the defects of the washing machine under dispute free of cost and provide one year fresh warranty to the same or in the alternative replace the defective machine with a new one of the same description with fresh warranty, according to the satisfaction of the complainant. In that event the complainant shall return the device under dispute to the opposite parties.
The Above said order shall be complied with within a period of one month from the date of receipt of copy of the order.
Pronounced in the open Forum on this the 30th day of September 2011
Sd/-C.K. Lekhamma, Member.
Sd/-A Rajesh, President.
Sd/- Paul Gomez, Member.
Forwarded/By Order,
Senior Superintendent
Appendix
Complainant’s exhibits :
Ext. A1 : Copy of letter dt. 17-06-2010
A2 : Two A.D. card
A3 : Application form-cum-receipt
Opposite party’s exhibits : Nil
Copy of order despatched on :
By Post : By Hand:
