By Jayasree Kallat, Member:

 

            The petition was filed on 3-8-2011. Complainant purchased an Onida Hidro Sakthi Washing Machine, fully automatic on 27-5-2005. Machine worked without any problem for a period of 5 years. During the year 2010 March it stopped working. The complainant contacted Onida’s authorized servicing agent. A mechanic from the service centre inspected the machine and informed the complainant that the control panel is defective and needs replacement. The control panel was replaced on 17-5-2010. Complainant was charged Rs.3150/- as cost of the control panel. On the same day as per the advise of the opposite party complainant had entered into a contract EWC with the service centre so that he will not be charged for servicing or spare parts for two years.   Even after changing the control panel the machine did not work satisfactorily. Complainant informed the matter to the service centre. Again the control panel was seen to be defective. Mechanic again inspected and as the problem still existed the control panel was changed for the second time. The machine showed defects. The inlet water did not come properly. The machine totally stopped on 25-9-2010. Control panel was changed for the 3^rd time. Then the spin drier stopped functioning. The washing machine did not function properly even after repairing several times. The complainant who is a senior citizen and an ex-serviceman had suffered financially and mentally due to the non functioning of the washing machine. Hence this complaint is filed seeking relief.

 

            Notice was issued to the opposite party. Opposite party appeared before the Forum and sought one month’s time for settling the matter. The matter was not settled even after two postings. Later on the opposite parties were continuously absent. Opposite party was neither represented nor version filed on behalf of opposite party. Hence opposite party-1 and 2 were called absent and set exparte.

 

            Complainant had filed affidavit and was examined as PW1 and Exts. A1 to A3 were marked on complainant’s side.

 

            The case of the complainant is that the Onida Washing Machine which he had bought became defective after use for sometime ie.5 years. Complainant informed the opposite party customer care centre, who inspected the machine and found the control panel of the machine defective. As per the advise of the mechanic of the opposite party control panel was changed for rs.3150/-. On the same day as per the advice of the opposite party complainant had entered into a service contract EWC with the service centre so that he will not be charged for servicing or spare parts for the next two years. According to the complainant even after changing the control panel defects occurred to the washing repeatedly. Complainant had to contact the opposite party on each occasion to get the machine repaired. Ext.A3 is a document produced by the complainant which shows that he had written a letter to the authorized service agent of Onida complaining about the non delivery of the washing machine after repair. Ext.A3 mentions that it took 41 days to get the washing machine repaired. Complainant has deposed as PW1 that the machine was repeatedly repaired but was not functioning properly. According to the complainant he had suffered financially and mentally because of the defective washing machine. From the complaint, the affidavit, the evidence adduced by PW1 and the documents the Forum has come to the conclusion that the complainant had suffered due to the negligence of the opposite party. Hence we are of the opinion that the complainant is entitled for relief.

 

            In the result the petition is allowed directing the opposite parties to pay an amount of Rs.3000/- as compensation within one month of receipt of copy of the order. 

 

Pronounced in the open court this the 15^th day of December 2011.

Date of filing:03.08.2011.

 

            SD/-PRESIDENT                                SD/-MEMBER            SD/-MEMBER

APPENDIX

 

Documents exhibited for the complainant:

A1.Cash Memorandum of opposite party dtd.17.05.10.

A2.Acknowledgement receipt card dtd.12.07.11

A3. Photocopy of letter to the authorized service agent of Onida dtd.11.07.2011

 

Documents exhibited for the opposite party:

Nil

 

Witness examined for the complainant:

PW1.Sathyanatha Kurup(Complainant)

 

Witness examined for the opposite party:

 None

                                                                                                                        Sd/-President

 

//True copy//

 

 

(Forwarded/By Order)

 

 

SENIOR SUPERINTENDENT