IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,

Dated this the 11^th day of September, 2012.

Present : Sri. Jacob Stephen (President)

Sri. N. Premkumar (Member)

Smt. K.P. Padmasree (Member)

C.C.No.79/2012 (Filed on 09.04.2012)

Between:

Krishna Pillai. M.N.,

Maruthena Veedu,

Vettoor.P.O.,

Konni Thazham Village,

Kozhencherry Taluk,

Pathanamthitta.                                       …..   Complainant

And:

1.   Proprietor,

Kulathoor Agencies,

Kulathoor Buildings,

College Road,

Pathanamthitta.

Addl. 2. IFB Industries Ltd.,

             Plot No.IND-5 Sector 1,

             East Culcutta Township,

             Kolkatta.                                     …..   Opposite parties

O R D E R

Sri. Jacob Stephen (President):

                Complainant has filed this complaint against the opposite parties for getting a relief from the Forum.

                2. The complainant’s case is that he had purchased a Washing Machine manufactured by second opposite party for ` 19,000 on 14.05.2011 from the 1<sup>st</sup> opposite party.  He had also purchased a stand for the washing machine for ` 1,500.  The said washing machine is not working properly right from the purchase onwards.  At the time of purchase, the 1^st opposite party told the complainant that the temperature of the washing machine can be adjusted in between 30^o C and 90^o C.  But on working the machine will not give more than 50^o C.  The 1^st opposite party also provide 4 year warranty to the said equipment.  The above said complaint of the washing machine was properly intimated to the 1^st opposite party on several times. But they have not redressed the grievances of the complainant who is having 75 years old and is residing alone.  Because of the above said act of the opposite party, the complainant had sustained mental agony and other discomforts and the opposite party is liable to the complainant for the same.  Hence this complaint for realizing ` 90,500 under various heads from the opposite party. 

                3. Opposite party entered appearance and filed version with the following contentions:  According to the opposite party, the alleged complaint of the washing machine is manufacturing defect and hence the manufacturer is a necessary party to this proceedings.  But the manufacturer is not impleaded and hence this complaint is for non-joinder of necessary parties.  Further to the above contention, opposite party has raised a contention that the complainant has not so far intimated any complaint regarding the washing machine to the opposite party or to the company or to the service centre for rectifying these defects and hence there is no cause of action for the complainant.  It is also contended that the complainant has not adduced any evidence to show that there is defects to the equipment.  It is also alleged that the complainant has not given an opportunity to the opposite party to rectify the defects of the equipment.  With the above contentions, opposite party prays for the dismissal of the complaint as this complaint is not maintainable and they have not committed any deficiency in service to the complainant.

                4. On the basis of the version of the opposite party, the manufacturer of the complainant’s washing machine is subsequently impleaded as additional 2^nd opposite party.  But the addl. 2^nd opposite party has not turned up and hence they were declared as exparte.

                5. On the basis of the pleadings of the parties, the only point to be considered is whether this complaint can be allowed or not?

                6. The evidence of this complaint consists of the oral testimony of PW1 and Exts.A1 and A2.  1^st opposite party has not adduced any oral or documentary evidence in their favour.  But they have cross examined the complainant, PW1.  After closure of evidence, both sides were heard.

                7. The Point:-  Complainant’s allegation is that the complaints of the washing machine manufactured by the addl. 2^nd opposite party purchased by the complainant from the 1^st opposite party has not been rectified so far though the equipment had 4 year warranty.  Because of the above said acts of the opposite parties, complainant had sustained financial loss and mental agony and the opposite parties are liable to the complainant for the same. 

                8. In order to prove the case of the complainant, the complainant had adduced oral evidence as PW1.  He also produced 2 documents which are marked as Exts.A1 and A2.  Ext.A1 is the cash bill dated 14.05.2011 for ` 19,000 issued by the 1^st opposite party in the name of the complainant in respect of the sale of the washing machine.  Ext.A2 is the users manual of the equipment with warranty card issued by the 1^st opposite party.

                9. In this case, the 1^st opposite party has not adduced any oral or documentary evidence in their favour.  But they have cross-examined the complainant, and the addl. 2^nd opposite party is exparte.

                10. On the basis of the contentions and arguments of the parties, we have perused the entire materials on record and found that the complainant had purchased the washing machine manufactured by the addl. 2^nd opposite party from the 1^st opposite party on 14.05.2011 with a warranty for 4 years.  According to the complainant, the said washing machine is not properly working right from purchase onwards.  He intimated the complaints of the equipment to the 1^st opposite party.  But they have not rectified the defects so far.  The main contention of the 1^st opposite party is that the complainant has not intimated the alleged defects to the 1^st opposite party and thereby 1^st opposite party was not given by an opportunity for rectifying the defects. But this contention is not supported with evidence.  So we do not find any reason to disbelieve the allegations of an old man having 75 years old residing alone in his house.  Thus we found that the complainant has proved his case against the opposite parties.  The above said act of the opposite parties is a clear deficiency in service.  Since the equipment is having warranty till 2015 the opposite parties are liable to rectify the defect of the equipment.  Hence this complaint is found allowable.

                11. In the result, this complaint is allowed thereby the 1^st opposite party is directed to rectify the defect of the equipment properly and to pay an amount of ` 2,500 (Rupees Two Thousand Five hundred only) as compensation and cost of ` 500 (Rupees Five hundred only) within 10 days from the date of receipt of this order, failing which the complainant is entitled to realize the entire amount paid by the complainant as per Ext.A1 cash bill along with compensation of ` 10,000 and cost of ` 1,500 from the 1^st opposite party with 10% interest from today till the realization of the whole amount and in that event, the 1^st opposite party is at liberty to realize the cost of the equipment from the addl. 2^nd opposite party if the 1^st opposite party desires so.

                Declared in the Open Forum on this the 11^th day of September, 2012.

                                                                                       (Sd/-)

                                                                                Jacob Stephen,

                                                                                  (President)

Sri. N. Premkumar (Member)            :       (Sd/-)

Smt. K.P. Padmasree (Member) :       (Sd/-) 

Appendix:

Witness examined on the side of the complainant:

PW1 :  M.N. Krishna Pillai

Exhibits marked on the side of the complainant:

A1    :  Cash bill dated 14.05.2011 for ` 19,000 issued by the 1^st 

           opposite party in the name of the complainant.

A2    :  Users manual of the equipment with warranty  

           card issued by 1^st opposite party.

Witness examined on the side of the opposite parties:  Nil

Exhibits marked on the side of the opposite parties: Nil.

                                                                                (By Order)

                                                                                    (Sd/-)

                                                                    Senior Superintendent.

Copy to:- (1) Krishna Pillai. M.N., Maruthena Veedu, Vettoor.P.O.,

                     Konni Thazham Village, Kozhencherry Taluk,

                     Pathanamthitta.                         

 (2)  Proprietor, Kulathoor Agencies, Kulathoor Buildings,

             College Road, Pathanamthitta.

               (3) IFB Industries Ltd., Plot No.IND-5 Sector 1,

                    East Culcutta Township, Kolkatta.

               (4) The Stock File.