Date of filing : 06-05-2011
Date of order : 08-07-2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC. 109/2011
Dated this, the 8th day of July 2011
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT. K.G.BEENA : MEMBER
P.Ammalukutty,
“Raj Nivas”, Parakatta, } Complainant
Ramdas Nagar.Po,
Kasaragod
(In Person)
Proprietor (Dealer), } Opposite party
Bakura Audio & Vision,
MG.Road, Kasaragod
(Exparte)
O R D E R
SMT.K.G.BEENA, MEMBER
The case of the complainant Smt. Ammalukutty is that she had purchased an Electrolux washing machine from opposite party “Bakura Audio Vision” M.G.Road, Kasaragod on 1-12-2008 for `10,101/- having a warranty of 2 years. But the machine is unexpectedly stopped while using on 15-07-2010 within the warranty period. Complainant informed the same to opposite party. As per the advice of opposite party, complainant booked the defect of Washing Machine in the service centre. After two, three days a person came and checked the machine and informed the complainant that one of the part of the machine is became useless. Thereafter the complainant contacted the dealer many times. He gave a mobile number of service technician under Kanhangad service agency. The service provider under Kanhangad Agency informed the complainant that the defective part of the machine is not available now and gave an old washing machine with a condition to supply a new machine in December. The old machine was also not properly working. She is fed up with the after sale service of opposite party and hence the complaint for necessary redressal.
2. Though notice was issued by registered post to opposite party, he failed to appear before the Forum inspite of receipt of notice. Hence opposite party had to be set exparte.
3. Complainant examined as PW1 and Ext.A1 marked. Ext.A1 is the Retail Invoice of Bakura Audio Vision for the purchase of Electrolux washing machine for a total amount of `10,101/- dated 1-12-2008. Complainant claims that opposite party offered 2 years warranty for the machine and the machine became defective on 15-07-2010, within the warranty period. Eventhough the complainant contacted the opposite party with request to repair the machine, an old washing machine was provided to her till the repair of the new one. But both washing machines were idle in her house. As a result of the deficiency of service on the part of opposite party, the complainant, an ordinary house wife has undergone mental agony due to burden of work in the house and financial loss.
Hence we find the complainant deserves replacement of her defective washing machine. Therefore Opposite party is directed to replace the washing machine with a new one of same price within 30 days of the receipt of this order and pay a cost of `1000/-. Failing which opposite party shall be liable to pay `10,101/- with 9% interest from 1-12-2008 till the date of payment together with the costs aforementioned.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts.
A1. 1-12-2009 Retail Invoice Issued by OP.
PW1.P.Ammalukutty.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT
