O R D E R<br /> <br /> SMT. ANITA SHIVAKUMAR. K, MEMBER<br /> <br /> <br /> 1. The brief facts of the grievance of the complainant are that he had purchased a Samsung Washing machine on 26/11/2007 which was manufactured by OP 1 from OP 2 establishment for Rs.15,490/- It was installed by the customer service executive, who explained the instructions of use of the product. After 4-5 months of usage it started giving trouble and residues of the clothes were getting deposited on the clothes. It created white spots on clothes that were visible even after hand wash and also clothes were not in condition to wear. Initially complainant had ignored the problem what he found in the product. He started calling and registering his complaint with customer service centre after 6-7 months of purchase. Engineers of OP visited the place and tried to solve the problem but they couldn’t rectify the defect of the machine. Service engineers also tested thrice on 04/11/2008, 01/12/2008, 31/01/2009 at their service centre and even OP had changed some parts in the machine. The case was referred to product engineer who demanded bill and warranty card. Since the bill was generated in computer at OP 2 shop, invoice number and amount were not visible. For the reason product engineer refused to accept and to attend the same. Complainant again took pain to get duplicate copy of bill. The product engineer took the instrument to their service centre with assurance to return it within 4 weeks. After 4 weeks, OP neither returned the washing machine nor communicated to complainant. After several follow-ups complainant got message from OP saying that they couldn’t rectify the machine and don’t have the same model with them to replace. It, OP further told him that they would provide higher model for which the complainant had to pay difference amount which includes depreciation amount on the machine. But complainant didn’t agree for that since he has faced lot of hassle and trouble for replacement. Even though complainant registered his complainants on 12/08/2009 in complaint No:8409002014 and 8407729569 with OP’s customer service centre the OP did not replace nor rectified the machine. Complainant pursued the issue on several occasions over telephone and also by sending RPAD complaint to Ops. Inspite of this, OP never communicated to complainant. So complainant has approached this forum to get relief of replacement and compensation of Rs.70,000/- for mental agony as costly clothes were spoiled.<br /> <br /> 2. Notices sent to OP 1 by speed post with acknowledgement and OP 2 through RPAD are duly served. OP 1 is represented by a counsel, but has not filed his statement of objections and affidavit evidence. OP 2 was absent on the date he was notified to appear is placed exparte.<br /> <br /> 3. In the course of enquiry, complainant has filed his evidence by way of affidavit has reproduced the facts as mentioned in the complainant. Heard arguments of complainant and perused the records. <br /> <br /> 4. Fact that the complainant had purchased a washing machine from OP No:2 on 26/11/2007 for Rs.15,490/- is not in dispute and it is explicit from the documents produced by the complainant and assurance stated to had been given by the service engineers of OP. It is further found that the complainant after purchasing the washing machine used it for about 8 months, Thereafter when he found the machine was not functioning normally he made complaint to OP No:2 whose mechanic attended repairs. Even thereafter when the machine was functioning defectively with the same problem again he handed over to OP No:2 on 08/10/2008, 04/11/2008 and again on 01/12/2008 and on 31/01/2009 for repairs. The complainant in the complaint has given the telephone numbers through which he contacted the man of OP No: 2 complaining about the defective functioning of the washing machine and has also narrated that the service engineers of Ops conceding mal functioning of the washing machine told him that they don’t have the same make washing machine for replacement of the defective one and even offered a machine of different make costing more on the complainant paying the extra value of the new model. But thereafter it is stated by the complainant that the Ops did not respond to his calls and they turned defear to telephone calls and have caused deficiency in their service by allowing the defective washing machine to lie idle in his house.<br /> <br /> 5. The Ops despite giving opportunity have not taken interest to oppose the say of the complainant. Hence, we find that the complainants say through complaint and affidavit evidence that the washing machine supplied to him by OP No:2 manufactured by OP No:1 was having manufacturing defect could not be repaired and Ops who agreed to replace it have failed to do so and that has resulted in deficiency in the their service and that has remained unquestioned and unimposed by Ops, as such we find that the complaint merits consideration and the complainant is entitled to relief of damages as the complainant in not inclined to got for another washing machine of the Ops. Considering the use of the washing machine by complainant for about 8 months and ordeal he has under gone we proposed to deduct the depreciation in the value of the machine Rs.1,490/- OP 1 was imposed cost of Rs.2,000/- on 04/01/2010 when they took time for version but the OP has neither filed version nor paid cost which is included in the final order. <br /> <br /> <br /> O R D E R<br /> <br /> <br /> Complaint is allowed. <br /> <br /> 1. Ops 1 & 2 are jointly and severally held as liable to refund the cost of washing machine Rs.14,000/- and shall refund the same with interest @ 9% p.a. from the date of this complaint till the date of payment and shall refund within 40 days from date of this order.<br /> <br /> 2. Ops 1 & 2 shall also pay the un paid cost of Rs.2,000/- and cost of this complaint Rs.2,000/- to the complainant within 40 days from date of this order. Failing which they shall pay interest at 9% p.a. on that amount until it is paid.<br /> <br /> Complainant shall return the washing machine to the Ops.<br />