IN THE CONSUMER DISPUTES REDRESSAL  FORUM, KOLLAM

Dated this the  29^th   Day of  April  2019

  Present: -  Sri. E.M.Muhammed Ibrahim, B.A, LL.M. President

                   Smt.S.Sandhya Rani, BSc,LL.B, Member

                                                        CC No.254/18

Suresh Babu.K                         :         Complainant

Puthenveettil

Alappad,Cheriyazheekkal P.O

Karunagappally

V/s

1. Shiju                              :         Opposite parties

         IFB Service Mechanic

        Authorised Service Agent

       IFB Industries Ltd.

      West H.S Junction,Alumkadavu P.O

      Karunagappally

2. Manager

        Care homes Authorised Service Agent

       IFB Industries Ltd.

       West H.S Junction,Alumkadavu P.O

       Karunagappally.

FAIR  ORDER

E.M.MUHAMMED IBRAHIM , B.A, LL.M,President

            This is a case based on a consumer complaint filed under Section 12 of the Consumer Protection Act.

          The averments in the complaint in short are as follows.

On 07.10.10 the complainant purchased one IFB washing machine from Dharsana Traders, Karunangappally.  On 20.10.18 he received a telephone message from the mobile phone bearing No.9072676750.  The call was made by one Shyju who is the service mechanic of IFB.  The said mechanic informed him    that    one    new   service  centre of IFB has been opened at Alumkadavu,

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Karunagappally and if the complainant requires any service he can contact in the   above   number.  Accordingly he    contacted the 1^st opposite party.  The 1^st opposite party came at the residence of the complainant and tested the washing machine in his absence and informed the mother and wife of the complainant that the timer of the washing machine has become defective and demanded Rs.3314/- for replacing the defective timer.  By believing the words of the 1^st opposite party the wife of the complainant given the above amount.  Thereafter  the 1^st opposite party again verified the washing machine and informed that there is no defect in the timer of the washing machine and also informed that the timer has been working properly and there is no need to replace the same.  Thereupon the wife of the complainant demanded to return the amount.  But the complainant has not returned the amount but given a receipt acknowledging the receipt of the above amount.    According   to   the   complainant the 1^st opposite party has deliberately cheated his wife and his mother.  Thereafter the complainant contacted the 1^st opposite party and  demanded the amount.  Thereupon the 1^st opposite party became angry.  In view of the above contact of the 1^st opposite party who is a service mechanic working on agreement basis under IFB.  He sustained mental agony.  On 24.10.18 the complainant made a grievance petition before the SI of police, Karunangappally.  On 26.10.18 he get a telephone message stating that AMC/EW No.0060596266(Rs.2714) from 23.10.18 to 22.10.19 is credited for your IFB SERENA SX 5.5 KG. Cheque, if any, is subject to realization.

          The above message according to the complainant would indicate that the 1^st opposite party has deliberately cheated the mother and wife of the complainant that when  the police was about to catch hold of him the 1^st opposite party  remitted Rs.2714/-  out of Rs.3314/- received from the wife of the complainant at the IFB and as a result the above act of the 1^st opposite party  

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has sustained heavy mental agony apart from financial loss and he is entitled to realise Rs.3314/- and compensation from the opposite parties. 

Though notice was served, the  opposite party No.1&2 remain exparte.

 Complainant filed proof affidavit by re-iterating the averments in the complaint and got marked Ext.A1 to  A3 documents.  Heard the complainant and perused the records. 

The unchallenged averments in the proof affidavit coupled with Ext.A1 to A3 documents would establish that the complainant is the owner of the IFB washing machine series 5x5.5 Kg and he purchased the same by paying Rs.20,250/- from  Darsana traders Karunagappally.  That the 1^st opposite party is the service mechanic and authorised service agent of IFB industries Ltd.  West High School Junction, Alumkadav P.O, Karunagappally.  The 1^st opposite party contacted the complainant  and informed that he has opened a new service centre of IFB at Alumkadavu and    if  any service is required he is ready for the same and directed him to contact him in his mobile number.  Accordingly the complainant contacted the 1^st opposite party on the same day.  On the same day the 1^st opposite party reached at the residence of the complainant and intimated him that there is  defect in the washing machine and the timer has to be replaced and also  obtain Rs.3314/- from the wife of the complainant  for replacing the defective timer.  Later the 1^st opposite party again verified the washing machine and informed that there is no defect for the washing machine but not returned the amount but issued A2 Performa Invoice intimating that he received Rs.3314/- towards AMC and servicing and left the home of the complainant.

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  In this connection  it is to be pointed out that the IFB washing machine is a brand new one which is purchased on 07.10.10.  Ext.A2 receipt  is also seen issued during the same month ie, on 23.10.10.  Usually IFB washing machine is having warranty of at least 5 years.  There is no need to take AMC or pay service charges to cure the defect if any occurred during the warrantee period.  But the 1^st opposite party cunningly issued a receipt intimating that he has received Rs.3314/- towards Annual Maintenance charges  of the  brand new IFB

washing machine but the same was  without intimating the complainant or his relatives that the same has been received as annual maintenance charge and service charge.  The unchallenged averments in  the affidavit coupled with Ext.A3 acknowledgement receipt issued from Karunagappally, Police station would indicate that the complainant has made a grievance petition against the 1^st opposite party.  In view of the materials on record it is clear that the 1^st opposite party has committed deficiency in service and unfair trade practice and due to the above act of the 1^st opposite party the complainant  has sustained mental agony apart from financial loss. 

The 2^nd opposite party is the Manager of the Care Home  Authorised Service Agent IFB Industry Ltd. and 1^st opposite party is the authorised service agent  of   the said industry.  Ext.A2 receipt would indicate that the complainant has obtained the amount on behalf of 2^nd opposite party Care Home.  Therefore   opposite party 1&2 are equally liable  to return the amount and pay a reasonable compensation to the complainant. 

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In the result the complaint stands allowed directing opposite party 1&2 to pay Rs.3314/- with interest  @ 12% p.a from the date of complaint till realisation.

          Opposite party No.1&2 are further directed to pay Rs.10,000/- as compensation to the complainant along with interest @ 12% p.a from the date of complaint till realisation. 

If the opposite party No.1&2 fail to comply with the above direction the complainant is at liberty to recover Rs.13314/- with interest @ 12% p.a from the date of complaint till realisation from opposite party No.1&2 jointly and severally and from their assets.

Dictated to the  Confidential Assistant  Smt. Deepa.S transcribed and typed by her corrected by me and pronounced in the  Open Forum on this the  29^th day of  April  2019.     

E.M.Muhammed Ibrahim:Sd/-

           S.Sandhya Rani:Sd/-

          Forwarded/by Order

                                                                                  Senior Superintendent

INDEX

Witnesses Examined for the Complainant:-Nil

Documents marked for the  complainant

Ext.A1                  :         Photo copy of Proforma Invoice

Ext.A2                  :         Photo copy of retail invoice

Ext.A3                  :         Copy of acknowledgement receipt of petition

E.M.Muhammed Ibrahim:Sd/-

                                                                                   S.Sandhya Rani:Sd/-

                                                                                   Forwarded/by Order

                                                                                   Senior Superintendent