SRI G.K. RATH, PRESIDENT … The brief history of case is that, the above complainant had purchased a Washing machine, make Samsung bearing its invoice no.1836 on dated 20/06/2015 from OP.no.1 by paying an amount of Rs.26,800/-. After purchase and within valid warranty period, the machine appears defective. So the complainant approached the OP.no.1 & 2 through authorized service center OP.no.4 for its repair, but the OP.1 assured that he will mend the machine within 15 days but for no action thereof. Hence the complainant further approached the OP.s on 29.09.2016, on 15.10.16 and lodged complaint no.4220457212 but also for no action till date rather the OP.no.4 demanded money for its repair despite the product has comprehensive warranty for 24 months. The complainant purchased the set by paying a good price, but at the time of defect the OP.s refrained to render service. So the complainant inflicted mental tension, and financial losses. So he prayed before the Forum to direct the OP.s to pay the price of alleged product and a sum of Rs.70,000/- as compensation and cost of litigation.
2. On the other hand, the counsel for OP.2,3 & 4 entered his appearance and filed his counter in the case wherein specified that the complainant is not a consumer, the case is not maintainable, and the case is civil in nature, hence the forum has no jurisdiction to try the case. He also urged for appropriate laboratory test of the product, and contends nothing except evasive denials. None appeared for OP.no.1 since filing of the case, hence he set ex parte as per provisions envisaged in C.P.Act 1986. The complainant has filed invoice of the alleged washing machine & warranty card. Heard from both the parties and perused the records.
3. It reveals from record that the complainant has procured the washing machine on dt.20.06.2015 by paying an amount of Rs.26,800/- and the same appears defect within warranty period of two year. As per terms & conditions of warranty the complainant approached the OP.s through phone and obtained complaint no.4220457212 but the OP.s neither tried to mend the same nor replaced it with a new one despite of several requests. Considering the documentary evidences, written submissions by the complainant, we are of the view that, the product purchased by the complainant has inherent defect and the OP.s failed to provide service to the complainant within valid warranty period of 24 months. Thus the complainant sustained mental agony with the defective machine, and also inflicted financial losses and valuable times due to the negligence and unfair practices of OP.s, hence he craves the leave of this forum and prayed for compensation.
4. Based on the evidence adduced and the pleading put forth, it is noticed that, despite service of notice of this forum the OP.s are failed moving to settle the matter of complainant, hence we feel that the action of OP.s illegal, highhanded, arbitrary and unfair which amounts to deficiency in service, hence they found guilty under the provisions of the C.P.Act 1986, and the complainant is entitled for relief. However examining manufacture defect in the machine we allowed the complaint against the OP.no.3 with cost.
ORDER
i. The opposite party no.3 supra is hereby directed to pay the price of the washing machine in question of Rs.26,800/- (Rupees Twenty six thousand & eight hundred only) in place of the defective alleged washing machine, inter alia, to pay Rs.3,500/-(Three Thousand & five hundred only) as compensation and Rs.750/- (Rupees seven hundred & fifty only) as cost of litigation to the complainant.
ii. The above awards shall be complied with in 30 days from the date of receipt of this order, failing which, the total awarded sum will carry 12% interest per annum till its realization. Order pronounced in the open forum on this the 08th day of Nov' 2017.
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MEMBER MEMBER PRESIDENT
