IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Wednesday the 21th day of October, 2015
Filed on 10.07.2015
Present
1) Smt. Elizabeth George (President)
2) Sri. Antony Xavier (Member)
3) Smt. Jasmine D (Member)
in
CC/No.214/2015
Between
Complainant: - Opposite parties:-
Sri. R.Sadasivan, 1. P.E. Electronics Ltd
Kaylasam, C/o M/s Tekcare India Pvt Ltd
Cherukole P.O. 15 km, Stone, Aurangabad,
Alappuzha Paithan Road, Village Chitegon,
Taluk Paithan, Aurangabad,
Maharashtra-431 105
2. IFB Care Centre,
C/o Shinu Refrigeration,
Sreevihar, Angadickal,
Chengannur
O R D E R
SMT. JASMINE D. (MEMBER)
The case of the complainant in short is as follows:-
The complainant had purchased a washing machine manufactured by the 2nd opposite party on 24.11.2011 for an amount of Rs. 10,300/-. On March, 2015 the said machine became defective and on giving information to the opposite party a technician came and inspected the said machine. The opposite party informed that the panel board of the said machine became defective and it has to be replaced and accordingly the complainant incurred a total expense Rs. 4,100/- for replacing the panel board on 23.03.2015. But the said product was not functioning even though the panel board was replaced. When intimated to the opposite party they informed that they will replace the panel board. But the opposite party was not replaced the panel board so far. The complainant sustained much mental agony inconvenience and also financial loss and hence filed this complaint.
2. Notices were served to the opposite parties but they did not file any version and hence set ex-parte.
3. The complainant adduced oral evidence and documents – Exts. A1 and A2 were marked.
4. Considering the allegations of the complainant the Forum has raised the following issues:-
1) Whether there is any deficiency in service or negligence on the part of the opposite
parties?
2) Whether the complainant is entitled to get the relief sought for?
5. Issues 1 and 2:- The specific case of the complainant is that the complainant replaced the panel board of the washing machine after remitting an amount of Rs.4,100/- But within days the said replaced panel board became defective. Even though the opposite party assured to replace the same so far it has not been replaced. The complainant sustained much mental agony and financial loss. Hence, filed this complaint seeking refund of the price of the washing machine along with compensation and cost.
The complaint adduced oral evidence and documents Ext. A1 and A2 were marked. Ext. A1 is the invoice dated 24.11.11 which shows that complainant purchased washing machine on 24.11.11 for a total amount of Rs. 10,300/-. Ext. A2 is the receipt issued by the 2nd opposite party that they have received a total amount of Rs. 4,100/- for ‘PCB’ on 23.03.2015. So from the documents it is clear that the ‘PCB’ of the said machine was replaced on 23.03.15. According to the complainant he could not use the washing machine even though the panel board was replaced. The replaced panel board was defective and opposite parties assured to provide another one. But the opposite parties failed to replace the panel despite of repeated requests made by the complainant. The complainant waited for a substantial length of time. So, the unexplained delay caused in rectifying the defect amounts to deficiency in service on the part of the opposite parties. The complainant prayed for refund of the price of the washing machine. But the washing machine is purchased in the year 2011 and also complainant admits that the machine is perfectly working till March 2015. So no manufacturing defect can be presumed. So we can’t direct the opposite party to refund the price of the machine. Since the panel board became defective immediately after replacing the same. The complainant is fully entitled to get it replaced free of cost. The opposite parties are jointly and severally liable for that. In the light of above discussion the complaint is to be allowed.
In the result the opposite parties are directed to replace the panel board and make the product in a perfect working condition free of cost within 30 days with a warranty of six months. If the machine is not repaired within the above said period of 30 days the opposite parties will have to pay penalty of Rs. 100/- per day jointly and severally to the complainant till the rectification of the defect of the product.
Pronounced in open Forum on this the 21th day of October, 2015
Sd/- Smt. Jasmine.D. (Member)
Sd/- Smt. Elizabeth George (President)
Sd/- Sri. Antony Xavier (Member)
Appendix:-
Evidence of the complainant:-
Ext.A1 - Tax Invoice dated 24.11.2011
Ext.A2 - Invoice cum Receipt dated 23.03.2015
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
