Andhra Pradesh

Visakhapatnam-II

CC/198/2012

Vandrasi Suri Appa Rao - Complainant(s)

Versus

Reliance digital Retail Limited - Opp.Party(s)

D.V.V.R. Pratap

25 Feb 2015

ORDER

                                              Date of Registration of the Complaint:27-06-2012 

                                                                                                Date of Order:25-02-2015

BEFORE THE DISTRICT CONSUMERS FORUM-II AT

                             VISAKHAPATNAM

 

P  r  e  s  e  n  t:

1.  Sri H. Ananda Rao, M.A., L.L.B.,

     President           

2. Smt K. Saroja, M.A. B.L.,

     Lady Member 

                                3. Sri C.V. Rao, M.A., B.L.,

                                     Male Member

 

                         Wednesday, the 25^th day of February, 2015.

                             CONSUMER CASE No.198/2012

Between:-

Sri Vandrasi Suri Appa Rao, S/o late Vandrasi Ramulu,

Hindu, aged 39 years, R/o D. No. 7-75, Revallapalem,

Madhurawada, GVMC 4^th Road, Near Bhooloka Mata

Temple, Visakhapatnam.

                                                                                        ….. Complainant

And:-

1.Reliance Digital Retail Ltd., rept. by its

   Authorized Person, D. No. 52-1-35, 36 & 38,

   CMR Central, New Resapuvanipalem,

   Maddilapalem, Visakhapatnam-13.

2.Reliance Corporate Park Building No.4,

   Ground Floor, “C” Wing, Thane-Belapur Road,

   Ghansoil Navi, Mumbai-400 701.

                                                                                      …  Opposite Parties

                     

This case coming on 04.02.2015 for final hearing before us in the presence of Sri        D.V.V.R. Pratap, Advocate for the Complainant and Sri Cetty Koteshvara Rao, Advocate for the 1^st Opposite Party and the 2^nd Opposite Party being exparte and having stood over till this date for consideration, this Forum made the following:

 

                                                ORDER

        (As per Smt. K. Saroja Honourable Lady Member on behalf of the Bench)

 

1.       The case of the Complainant in brief is that the Complainant purchased Whirlpool Washing Machine from the 1^st Opposite Party on 17.07.2011 by paying Rs.20,990/-.   The 1^st Opposite Party had delivered the same on the very same day and also supplied delivery note and 2 years Warranty Card to the washing machine.   After purchasing the said washing machine the Complainant started using the machine, but he found manufacturing defect in that washing machine, the machine started giving troubles by way of direct power supply into the machine, which causing shock to the Complainant, the legs of the washing machine have been broken and also the fiber part of the upper side of the machine is also rusted.   Immediately, the Complainant approached the 1^st Opposite Party regarding the problem many times over telephone but the 1^st Opposite Party did not attend for servicing.   Then the Complainant visited the 1^st Opposite Party and made written complaint on 24.01.2012.   But no one attended to inspect the washing machine,   Then he issued a legal notice dated 25.01.2012 to the Opposite Parties and requested them to replace the washing machine.    The 1^st Opposite Party received a legal notice dated 31.01.2012  and issued a reply notice on 10.03.2012 but they did not replace the new washing machine, the 2^nd Opposite Party received the legal notice, but did not give any reply.   Hence, this Complaint.

 

2.       a)  To replace the new washing machine in place of the manufacturing defective washing machine or to repay the costs of the said machine of Rs.20,990/- with interest @ 24% P.a. from 17.07.2011 till the date of realization,

          b)  To pay compensation amount of Rs.10,000/-;

          c) To pay the costs of the Complaint of Rs.2,000/- and;        

          d) For such other relief or reliefs deemed fit and proper in the circumstances of the case.

 

3.       The 2^nd Opposite Party did not appear before this Forum hence it was set exparte and remained exparte.

 

4.       The 1^st Opposite Party who is the seller of the said washing machine strongly resisted the claim of the Complainant by contending, as can be seen from its counter.   After issuing of legal notice by the Complainant, the 1^st Opposite Party gave a reply stating that they sent its staff for inspection of the said machine, under inspection on 30.01.2012 they found that the washing machine was kept in an uncovered area and further the Complainant used the salt waters and due to lack of proper maintenance and also due to negligent and careless handling of the machine and upper part of the machine caused rusted.  So, it is not manufacturing defect.   Moreover, the machine is functioning well.   Though, there is no manufacturing defects, to the 1^st Opposite Party has issued a reply notice dated 9.3.2012 requesting the Complainant to come and take delivery of the new washing machine by surrendering the old machine, but till date the Complainant did not turn up to take the new machine and hastily approached this Forum by filling false complaint to gain monetary benefit.   So, they have no liability for any reliefs asked by the Complainant.

 

4.       At the time of enquiry, both parties filed affidavits as well as written arguments to support their contentions.   Exs.A1 to A10 are marked for the Complainant.    No documents are marked for the Opposite Parties.   Heard both sides.

 

5.       Ex.A1 is the Cash Receipt issued by the 1^st Opposite Party to the Complainant dated 17.07.2011.   Ex.A2 is the Delivery Note issued by the 1^st Opposite Party to the Complainant dated 17.07.2011.   Ex.A3 is the Washing Machine User Manual.  Ex.A4 is the Office copy of Legal Notice issued by the Complainant’s counsel to the Opposite Parties on 25.01.2012.   Ex.A5 is the Postal Receipt dated 27.01.2012.   Ex.A6 is the Postal Receipt dated 27.01.2012.   Ex.A7 is the Acknowledgement Card from the 1^st Opposite Party dated 30.01.2012.   Ex.A8 is the Acknowledgement Card from the 2^nd Opposite Party dated 30.01.2012.  Ex.A9 is the Office copy of Reply legal notice from the 1^st Opposite Party on 10.03.2012.  Ex.A10 is the 3 (three) Photographs.

 

6.       The fact shown from the Ex.A9 reveals that the 1^st Opposite Party issued a reply notice dated 10.03.2012 by stating that after receiving legal notice by the Complainant, the 1^st Opposite Party technician by name Mr. Aiman Ahmad along with Mr. Praveen had visited Complainant’s house on 30.01.2012 for inspection and rectification of problems.  During their inspection it was observed that the Complainant kept the washing machine in an uncovered area and originally due to the coastal claimant, there is every possibility that the upper part of the machine cause rusted and affected purely due to salt contents of water.   In view of good infirmity and cordial relation, we are pleased to accept the Complainant’s request and for replacement with a new unit.   They tried to call the Complainant number of times over telephone, but there is no response from the Complainant.    

 

8.       The point that would arise for determination in the case is:-

Whether there is any deficiency in service on the part of the Opposite Parties.   Whether the Complainant is entitled to any reliefs asked for?

 

9.         After careful perusal of the case record, this Forum finds that the washing machine given troubles within the warranty period.  Moreover, in the first day of its installation, the Complainant faced problems with the washing machine.   After receiving the legal notice, the 1^st Opposite Party sent its men to inspect the said washing machine and they noted that the washing machine is working properly.    After receiving the Complainant’s legal notice dated 25.01.2012, the 1^st  Opposite Party received the same and gave a reply on 10.3.2012 stating that they are ready to replace the washing machine with a new unit and requested the Complainant’s counsel to advice the Complainant to take delivery of the replaced washing machine.   But the Complainant did not persues the reply notice but he stated that the 1^st Opposite Party did not replace the new washing machine in the place of the said defective washing machine.   According to Ex.A9, it appears that the Complainant failed to approach the 1^st Opposite Party and handover the old washing machine and receive the new washing machine, as per their reply legal notice, but he failed to do so.   It is failure on the part of the Complainant to take a new washing machine in the place of old washing machine.   So, the Complainant is not entitled to any compensation.   Hence, the Complainant is entitled to cost of the washing machine and costs of the Complaint.

 

10.     In the result, this Complaint is partly allowed directing the Opposite Parties to refund the cost of the said Washing Machine i.e., Rs.20,990/- (Rupees Twenty thousand Nine hundred and ninety only) and costs of Rs.2,500/- (Rupees Two thousand and five hundred only) to the Complainant.   Time for compliance, one month from the date of this order.

          After compliance of the order the Complainant has to handover the washing machine in question to the Opposite Parties.

 

 

 

Dictated to the Steno, transcribed by him, corrected and pronounced by us in the Open Forum, this 25^th day of February, 2015.

  Sd/-                                        Sd/-                                      Sd/-

President                            Male Member                      Lady Member

                                     

APPENDIX OF EVIDENCE

For the Complainant:-

NO.	DATE	DESCRIPTIONOFTHEDOCUMENTS	REMARKS
Ex.A01	17.07.2011	Cash Receipt issued by the 1st OP to the Complainant	Original
Ex.A02	17.07.2012	Delivery Note issued by the 1st OP to Complainant	Original
Ex.A03		Washing Machine User Manual	Original
Ex.A04	25.01.2012	Legal Notice issued by the Complainant’s counsel to the Ops	Office copy
Ex.A05	27.01.2012	Postal Receipt	Original
Ex.A06	27.01.2012	Postal Receipt	Original
Ex.A07	30.01.2012	Acknowledgement Card from the 1st OP	Original
Ex.A08	30.01.2012	Acknowledgement Card from the 2nd OP	Original
Ex.A09	10.03.2012	Reply Legal Notice from the 1st OP	Office copy
Ex.A10		3 (three) Photographs	Original

For the Opposite Parties:-            

                  

                                                -Nil-

 

  Sd/-                                Sd/-                                              Sd/-

President                       Male Member                                             Lady Member