Per Mr.B.S.Wasekar, Hon’ble President

1)                   The present complaint has been filed by the complainant u/s 12 of the Consumer Protection Act, 1986. According to the complainant, she purchased washing machine from the O.P.No.1 and paid the bill amount.  She has produced the receipts on record.  The washing machine was defective.  Within few days, it started causing frequent breakdown.  In spite of several complaints, the defect was not cured.  The complainant was informed that control panel of the machine is available in market for Rs.4,500/- to Rs.5.000/-.  The O.P.No.1 sold the defective machine to the complainant. There was several correspondence but the defect is not cured therefore the complainant has filed this complaint for refund of amount and compensation total Rs.42,300/-. 

2)                Both the opponents remained though duly served.  Therefore, they were proceeded ex-parte.

3)                The complainant has filed affidavit, copies of bills and correspondence.  It shows that the complainant had purchased washing machine from the O.P.No.1 for Rs.13,300/- on 27^th March, 2012. The O.P.No.2 is the Manufacturer.  According to the complainant, the washing machine was defective at the time of purchase itself.  There were several breakdowns and complaints were lodged.  But the defect was not cured. The allegation made by the complainant are not challenged by the opponents.  The opponents failed to appear before this Forum and filed their say.  The contention of the complainant is   supported by the documents.  Therefore, the complainant is entitled for the refund of purchase amount of Rs.13,300/-.  The O.P.No.1 sold defective machine thereby inconvenience was caused to the complainant and the complainant suffered mental harassment.  The O.P.No.2 is the Manufacturer therefore both the opponents are liable to pay compensation to the complainant.  The complainant has claimed total amount of Rs.42,300/-. We think the complainant is entitled for refund of purchase amount of Rs.13,300/-with interest, compensation for mental harassment and inconvenience Rs.10,000/- and cost of proceeding Rs.3,000/-.  Hence, we proceed to pass the following order.

ORDER

1. Complaint is allowed.

2. The opponents are directed to refund Rs.13,300/- (Rs.Thirteen Thousand and Three Hundred Only) to the complainant with interest at the rate of 9% per annum from the date of filing of complaint till realization towards purchase price of the defective washing machine.

3. The opponents are further directed to pay Rs.10,000/- (Rs.Ten Thousand Only) to the complainant towards compensation for mental harassment and inconvenience.

4. The opponents are also directed to pay Rs.3,000/- (Rs.Three Thousand Only) to the complainant towards cost of this proceeding.

5. The above order shall be complied with within a period of one month from today.

6. Copies of this order be sent to the parties free of charge.

   Pronounced

Dated 22^nd May, 2014