IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM
DATED THIS THE 27Th DAY OF APRIL2019
Present: - Sri.E.M.Muhammed Ibrahim, B.A, LLM. President
Smt.S.Sandhya Rani. Bsc, LLB ,Member
CC.NO.156/2018
Y.Samuel : Complainant
S/o Yohannan, Poikavila
Puthenveedu, Andoor P.O
Valakom Village, Kottarakkara Taluk
Kollam – 691532
[By Adv.M.P.Sugathan, Chittumala, Kollam]
V/S
1. Sri. Santhosh : Opposite parties
C/o M/s.QRS Retail Ltd, Mathson Tower
Pulamon Junction, Kottarakkara P.O
Kollam District – 691531
2. The Manager cum Owner
C/o.M/s QRS Retail Ltd, Mathson
Tower, Pulamon Junction
Kottarakkara P.O
Kollam - 691531
ORDER
Smt.S.Sandhya Rani. Bsc, LLB ,Member
This is a case based on a consumer complaint filed under section 12 of the Consumer Protection Act 1986. The averments in the complaint in short are as follows
Complainant has purchased a Whirlpool fully automatic washing machine for rupees 18,700 from second opposite party on 2/8/2011 as per invoice number 26-323947 .In addition to the existing two years warranty advanced by opposite
(2)
party no:2 the complainant has got extended the warranty for another two years at the time of purchase of the machine by remitting additional fee rupees 816/-. On 27/01/2014 when the machine became defective, the complainant informed the same to the second opposite party and the defects were cured by a technician sent by second opposite party ,that repair was carried out within the extended warranty period. Again the machine got defective and the complainant informed the same to opposite party no.2 several times then 2nd opposite party sent 1st opposite party to the residence of complainant and he examined the machine in- detail by opening the same and he could realize certain facts that the automatic system used in the washing machine was replaced by normal system by the technician repaired the machine earlier send by the opposite party no:2. Even though the automatic system was replaced by normal one ,opposite party no:1 operated the machine with that Normal system itself. Though the machine was functioned for some days again the same became defective on 28/11/2017 and the complainant approached opposite party no:2 for getting repaired the machine but nobody came and there after the machine kept idle . Again on 10/5/2018 the first opposite party came to the residence of complainant and verified the machine and taken away certain parts of the washing machine by stating that he would return the same immediately after necessary repairs. The complainant again approached the second opposite party and made complaint but there was no response hence the complainant alleges
(3)
deficiency in service and unfair trade practice on the part of opposite parties and prays to direct the opposite parties :-
- To replace all the defective parts of the washing machine by new one .
- To replace normal system of the washing machine by automatic system.
- To give compensation Rs.50,000/- for deficiency in service and unfair trade practice caused by opposite parties No.1 and 2.
- Rs.10,000/- towards mental agony caused by opposite party No.1 and 2 to the complainant and his family.
- Cost Rs.10,000/-.
Though notice issued from this Forum has been served on opposite party No.1 and 2 they remained exparte.
The complainant filed proof affidavit and got marked Ext.P1 document.
Heard the complainant’s counsel.
The unchallenged averments in the proof affidavit coupled with Ext.P1 retail invoice would prove that the complainant has purchased a Whirl pool fully automatic washing machine with Rs.18,700/- from the 2nd opposite party on 2/8/2011 as per invoice number 26-323947 with 2 years extended warranty by remitting additional fee Rs.816/-. When the machine got damaged on 27/1/2014 , within the extended warranty period, the complainant informed the same to the opposite party No.2 and that was repaired by a technician sent by opposite party
(4)
No.2 . After a few days again the washing machine got breakdown and the same was informed to opposite party No.2.Thereupon the 2nd opposite party sent opposite party No.1 to the residence of complainant and got examined the machine in detail by opening the same and realized that the automatic system used in the washing machine which was replaced by a normal system by the technician sent by opposite party No.2 . Even though opposite party No.1 repaired the machine by using the normal system the machine again became damaged on 28/11/17. The complainant again made complaint to opposite party No.2 but during this time there was no response from opposite party No.2 and the machine kept idle for more than 5 months. Thereafter on 10/5/2018 opposite party No.1 came to the residence of the complainant and removed certain parts of the machine and went away by making the complainant to believe that he will replace all the defective parts with defects free and new one at the earliest possible. But the opposite parties failed to comply with their promise. Hence there is deficiency in service and unfair trade practice on the part of opposite party No.1 and opposite party No.2 and they have also caused mental agony apart from financial loss to the complainant and his family. In the circumstances the complainant is entitled to get the reliefs sought for the compliant .
In the result complaint stands allowed directing the opposite parties No:1 and No:2 to replace all the defective parts of the washing machine and make it a fully automatic washing machine within one month from the date of receipt of a
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copy of this order for which the opposite parties have to issue written notice to the complainant to produce the washing machine at their showroom or service center if necessary, failing which the opposite parties No.1 and 2 shall pay the price of the washing machine as per Ext. A1 invoice ie Rs . 18,700 /- to the complainant (2) Opposite party No.1 and 2 shall also pay Rs. 10,000/- as compensation to the complainant for the mental agony sustained the complainant.
(3) Opposite parties No.1 and 2 shall also pay Rs. 5000/- to the complainant as cost of the proceedings.
If the opposite parties failed to comply with the above directions within 30 days from the date of receipt of this order the complainant is at liberty to recover Rs. 18,700 +10,000 with interest @ of 12% per annum from the date of complaint till realization along with cost Rs.5000/- from opposite parties No:1 and 2 jointly and severely and from their assets.
Dictated to the Confidential Assistant Smt.Vijimole.G transcribed and typed by her corrected by me and pronounced in the Open Forum on this the 27th day of April 2019.
E.M .MUHAMMED IBRAHIM:Sd/-
S.SANDHYA RANI: Sd/-
Forwarded/by Order
Senior Superintendent
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INDEX
Documents marked for the complainant
Ext.P1:- Retail invoice dated 02/08/2011
E.M .MUHAMMED IBRAHIM:Sd/-
S.SANDHYA RANI: Sd/-
Forwarded/by Order
Senior Superintendent
