- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to refund the total amount of Rs. 21,402/- as paid as installment including the warranty period of Rs. 1,532/- together with 18% interest till realization.
- To direct the opposite parties to pay Rs. 7,50,000/- (Rs. Seven Lack Fifty Thousand only ) as compensation.
- To direct the opposite parties to pay Rs. 3,000/- ( Rs. Three Thousand only ) as litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
Complainant has asserted that he has purchased a whirlpool washing mashing on 19.10.2005 on installment for which he had paid total amount of Rs. 30,232/-. After purchase of said washing machine, it started giving trouble for which complainant lodged a complaint with opposite party no. 1 and thereby the same was replaced on 05.12.2005 vide annexure – A. Again after some time the aforesaid washing machine began to give trouble and thereafter same was replaced.
The grievance of the complainant is that despite replacement vide annexure – B the said machine did not work properly and thereafter the complainant had to pay laundry charge vide annexure – C. The complainant has also stated that at the time of purchase of the aforesaid washing machine he was given warranty registration card vide annexure – D. Thereafter when the complainant’s grievances was not redressed by the opposite parties then vide annexure – E Legal notice was given to opposite party. Again on 13.09.2008 the complainant requested to redress his grievnace but no action was taken by the opposite parties in this regard.
On behalf of opposite parties reply (written statement) has been filed denying the allegation. It has been asserted that the aforesaid machine was not replaced rather the parts were changed.
On behalf of opposite parties it has been stated that annexure – D which is warranty card is fabricated documents because there is no address of either purchaser or dealer. There is no stamp or signature of the dealer.
Opposite parties have also denied the other allegation of the complainant. The service of notice has also been denied.
Heard the learned counsel for the parties.
The aforesaid machine was purchased by the complainant on installment has not been denied by the opposite parties. However, from the bare perusal of annexure – A & B filed by the complainant it is crystal clear that on both occasion some parts have been changed, the reference of which has been mentioned in annexures – A & B.
The opposite parties have not denied the existence of annexure – A & B rather they have admitted that on both occasion parts have been replaced and not the machine.
However, on behalf of opposite parties annexure – D which is whirlpool washing machine warranty registration card has been disputed and it has been stated that it is a fabricated document on the ground that the address of dealer, purchaser etc. has not been mentioned and there is no stamp of the opposite parties.
It is needless to say that scrupulous traders are in habit of issuing warranty/ guaranty card without mentioning address and stamp etc.
From bare perusal of annexure – D it is crystal clear that the date of purchase is 19.10.2005 and serial number and model mentioned in it of the machine have not been disputed.
From bare perusal of annexure – D it is crystal clear that there was warranty for two years. Annexure – A & B clearly belong to warranty period. The opposite parties have not furnished the copy of original warranty card to show that the annexure – D is not genuine.
Thus the aforesaid circumstances clearly proves that annexure – D is a genuine documents.
The aforesaid fact and circumstances clearly shows deficiency on behalf of opposite parties.
Hence we direct the opposite parties to refund the price of the aforesaid washing machine i.e. Rs. 21,402/- as paid as installment including the amount given for warranty period of Rs. 1,532/- within the period of two months from the date of receipt of this order or certified copy of this order failing which the opposite parties will have to pay 10% interest till final payment.
Opposite parties are further directed to pay Rs. 5,000/- ( Rs. Five Thousand only ) to the complainant by way of compensation and litigation costs within the period of two months.
Accordingly this complaint stands allowed to the extent referred above.
