By Smt. PREETHI SIVARAMAN.C, MEMBER
1. The complaint in short is as follows:-
On 08/05/2020 complainant purchased a whirlpool washing machine from first opposite party shop. Within few days of its use, it got dyfunct. Complainant informed this to opposite party No.1 several times and one of the service person came to complainant’s house and repaired the washing machine. But within few days after repair the washing machine again got dyfunct.
2. Complainant again informed this to opposite party, but no response received by complainant from opposite party yet. Complainant used this washing machine only for few days after purchase the same on 08/05/2020. Complainant again stated that, the washing machine he had purchased is having no quality and which had manufacturing defect. Moreover opposite parties assured two years warranty for the above washing machine and the warranty is still existing. The customer service of opposite parties are very much evident from the act of opposite parties. It is a clear deficiency from the side of opposite parties. Hence this complaint.
3. The prayer of the complainant is that, he is entitled to get a full refund of Rs. 21,900/- the cost of the washing machine, Rs. 50,000/-as compensation on account of deficiency in service and unfair trade practice on the part of opposite parties and thereby caused mental agony, physical hardships and sufferings to the complainant and Rs. 10,000/-cost of the proceedings.
4. On admission of the complaint notice was issued to the opposite parties and notice served on them and opposite party No.1 appeared before the Commission and filed vakkalath. But no version is seen filed. Thereafter opposite party No.2 also appeared before the Commission and filed version. But it was filed after the statutory period of 45 days. Hence both opposite parties set exparte.
5. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 & A2. Ext.A1 is the details of warranty regarding the whirlpool washing machine (Original), Ext.A2 is the original tax invoice given by opposite party No.1 to complainant on 08/05/2020.
6. Heard the complainant and perused the affidavit and documents filed by complainant. The allegations against opposite parties are proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced two documents which are very supportive to prove his case. As per Ext.A2 document, it is clear that complainant had purchased the above washing machine from opposite party No.1 shop and as per Ext.A2 , it is clear that the above washing machine had two years comprehensive warranty to original purchaser with 8 years extended warranty on Motor of the washing machine. Complainant filed this complaint before this Commission within two years from the date of purchase of the washing machine. Hence it is clear that the defects of the washing machine were caused during the warranty period and complainant filed this complaint within two years after purchase of washing machine. As per complainant’s case the washing machine had manufacturing defects. Opposite party No.2 is the manufacturer of the washing machine. Opposite party No.1 did not show any responsibility to the buyer who bought a washing machine from their shop. Even though there is no expert opinion regarding the defects of washing machine, we are taking the contentions of complainant .The reason is that the opposite parties did not file any version and affidavit in proper time. Moreover it is seen that there is no action taken by opposite party No.1 about to inform the defects of the washing machine to opposite party No.2 and for rectifying the defect. They did not take any steps to redress the grievance of the complainant even after filing this complaint. They even not filed version before the Commission to prove their case. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite parties as alleged in the complaint. Hence we allow this complaint holding that opposite parties are deficient in service.
7. We allow this complaint as follows:-
- The opposite party No.2 is directed to refund Rs.21,900/-(Rupees Twenty one thousand and nine hundred only) the cost of the washing machine to the complainant and complainant is directed to return the machine to opposite parties after payment made by opposite parties and opposite parties are directed to take the machine from complainant’s house .
- The opposite parties are directed to pay compensation of Rs.10,000/-(Rupees Ten thousand only) to the complainant on account of deficiency in service on the part of opposite parties and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite parties are also directed to pay Rs. 3000/- (Rupees Three thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite parties are liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 17thday of April, 2023.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1& A2
Ext.A1 : Details of warranty regarding the whirlpool washing machine(Original)
Ext.A2 : Original tax invoice given by opposite party No.1 to complainant on
08/05/2020.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
