Andhra Pradesh

Visakhapatnam-II

CC/72/2013

C.R.H. Kumar - Complainant(s)

Versus

Southern Agencies - Opp.Party(s)

M. Prakash

04 Dec 2014

ORDER

                                              Date of Registration of the Complaint:25-03.2013

                                                                                                Date of Order:04-12-2014

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

 

                             Thursday, the 4^th day of December, 2014.

                                 CONSUMER CASE No.72/2013

Between:-

C.R.H. Kumar, S/o late C.V.S. Krishna Rao,

Charted Accountant by Profession, Hindu,

aged 53 years, R/at Flat No.2, Red Lands

Apartments, Resavanipalem,Visakhapatnam.

….. Complainant

And:-

1.Southern Agencies, Rep. by its

   Branch Manager, D.No.47-11-18, G.K. Towers,

   Dwarakanagar, Visakhapatnam.

2.Godrej & Boyce Mfg. Co., Ltd.,

    Appliance Division, Vikroli, Mumbai-400 079.

    Rep. by its Managing Director.

                                                                                           …  Opposite Parties 

                     

          This case coming on 28.11.2014 for final hearing before us in the presence of Sri M. Prakash, Advocate for the Complainant and Sri K. Appa Rao, Advocate for the Opposite Parties and having stood over till this date for consideration, this Forum made the following:

 

                                                ORDER

          (As per Sri. H. Ananda Rao, Honourable President, on behalf of the Bench)

 

1.       This consumer complaint is filed by the Complainant against the Opposite Parties directing them to replace the defective Washing Machine or to refund its costs of Rs.19,690/- (Rupees Nineteen thousand, six hundred and ninety only) with interest @ 24% p.a. from the date of purchase till realization, and to pay a compensation of Rs.50,000/- (Rupees Fifty thousand only) and legal expenses.

 

 2.      The case of the Complainant in brief is that he purchased a Washing Machine for Rs.19,690/- from the 1^st Opposite Party who is dealer for Godrej products in the name and style of Southern Agencies on 31.05.2011 having warranty period for 2 years within one year after the purchase problem arises and on information the authorized service engineer took away the machine with the promise that they are going to replace the same,    but inspite of repeated requests, they have not replaced by giving evasive and thereby committed deficiency,  as a result, his family spent huse amount for washing of cloths.   Hence, this Complaint.

 

3.       The case of the 1^st Opposite Party adopted by the 2^nd Opposite Party denying the material averments of the Complainant stated that the complaint is misconceived one, filed with a view to make wrongful gain and thereby cause wrongful loss to the 1^st Opposite Party.   It is also their case that the defect of the subject mentioned Washing Machine was brought to their notice and they have replaced the same with a new one on 22.03.2012 vide delivery challan No.5806 which was acknowledged by the Complainant but by suppressing the fact, this complaint is filed, in order to have a wrongful gain.   Since replacement of the Washing Machine was done by them,  the Complainant is not entitled for any relief.    Therefore, it is liable to be dismissed.

 

4.       To prove the case on behalf of the Complainant, he filed his sworn evidence affidavit and relied upon Exs.A1 and A2.   On the other hand, on behalf of the Opposite Parties, they filed their respective affidavits and relied upon Ex.B1.

 

5.       Both parties filed their respective written arguments.

 

6.       Heard arguments from both sides.

 

7.       Now the point that arises for determination is:-

Whether there is any deficiency in service on the part of the Opposite Parties and the Complainant is entitled for the reliefs of advance amount with interest, compensation damages and costs.

 

8.       As seen from the record, it is not in dispute that the Complainant purchased a washing machine as per Ex.A Invoice for Rs.19,690/-  on 31.05.2011.   As per Ex.A2 Service Voucher dated 25.10.2011 he handed over the machine of the 1^st Opposite Party to rectify the defect and subsequently, it was replaced with a new one.   According to the Complainant the machine was not replaced on 22.03.2012 as mentioned in counter, however, it is a fact that the Opposite Parties replaced the machine with a new one.

 

9.       According to the Opposite Parties they replaced a new Washing Machine in the place of defect one on 22.03.2011 vide Ex.B1 delivery challan and it was acknowledged by the Complainant, but suppressing the same the Complainant filed this complaint.   As seen from evidence affidavit of the Complainant the new washing machine appears to have been given 5 months after 31.10.2012,  as a result, his family spent huge amounts for washing of clothes and faced mental agony stress etc.   To substantiate the case of the Opposite Parties that they have handed over new washing machine on 22.03.2012 though relied upon Ex.B1.  Since the 1^st Opposite Party replaced a new washing machine i.e., the place of defective one.    We are of the view that the Complainant is not entitled for refund of money for the purchased washing machine i.e., Ex.A1.   However, the Complainant is entitled for compensation.

 

10.     Whether the Complainant is entitled for compensation of Rs.50,000/- is to be considered.   It appears as seen from the evidence of PW-1 that after handing over of defective washing machine to the Opposite Party, for about 5 months due to lack of the washing machine, they incurred huge amount for washing machine but there is no evidence let in, in this regard.  However, it is a fact that naturally that made have put the Complainant to suffer some mental agony besides physical stress and strain.   In this view of the matter, we sincerely feel that it is a fit case to award compensation.   But that does not and cannot mean to say that the Complainant claim for compensation is acceptable.    Having regard to all these facts and circumstances, we are of the considered opinion, award of compensation of 5,000/- would serve the ends of justice.   We therefore, proposed to award compensation of Rs.5,000/-  in the circumstances of the case on hand. Accordingly this point is answered.

 

 11.    Before parting our discussion, it is incumbent and imperative on our part to consider the costs of litigation.    The Complainant ought not have to approach this Forum had his claim replacement washing machine have been handed over by the Opposite Party within a reasonable  time and in view of the matter, the Complainant’s claim for litigation expense deserves to be allowed.   In our considered and unanimous opinion awarding a sum of Rs. 2,500/- towards legal expenses would appropriate and reasonable.   Accordingly it is ordered.

 

12.     In the result, Complaint is allowed, in part directing the Opposite Parties to pay a compensation of Rs.5,000/- (Rupees five thousand only) and costs of Rs.2,500/- (Rupees two thousand and five hundred only) and the rest of the relief is hereby dismissed.   Time for compliance, one month.

 

     Dictated to the Steno, transcribed by him, corrected and pronounced by us in the Open Forum, this the 4^th day of December, 2014.

  Sd/-                                                 Sd/-                                                 Sd/-

Male Member                     Lady Member                                     President

                                      APPENDIX OF EVIDENCE

For the Complainant:-

NO.	DATE	DESCRIPTIONOFTHEDOCUMENTS	REMARKS
Ex.A1	31.05.2011	Invoice No.682 an amount of Rs.19,690/- issued by the 1st OP to Complainant.	Original.
Ex.A2	31.10.2012	Service Voucher and User manual	Original

For the Opposite Parties:-                        

NO.	DATE	DESCRIPTIONOFTHEDOCUMENTS	REMARKS
Ex.B1	22.03.2012	Delivery Challan	Original.

         

 Sd/-                                         Sd/-                                                 Sd/-

Male Member                     Lady Member                                      President