Karnataka

Chitradurga

CC/160/2018

B. Basavaraj - Complainant(s)

Versus

The Authorised Signatory - Opp.Party(s)

P.S. Sathyanarayana Rao

10 Jan 2019

ORDER

COMPLAINT FILED ON:20.08.2018

DISPOSED  ON:10.01.2019

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO:160/2018

 

DATED:  10^th JANUARY 2019

PRESENT :-     SRI.T.N.SREENIVASAIAH :    PRESIDENT                            B.A., LL.B.,

                        SMT. JYOTHI RADHESH JEMBAGI:

BSc., MBA., DHA.,                LADY MEMBER

 

……COMPLAINANT/S	B. Basavaraj S/O Late Basappa, Aged Bout 60 Years, Raghavendraswamy Nilaya, Spoorthi ITI College Backside, Vittalanagar, Challakere-577522   (Rep by Sri.P.S. Sathyanarayana Rao, Advocate)
V/S
…..OPPOSITE PARTIES	The Authorized Signatory, Sri. Balaji T.V. Links, Dealer In T.V. Fridge, Washing Machine, Mixi, Cooker, Mobiles And Furniture, Bangalore Road,   The Authorized Signatory, Samsung India Electronics Private Ltd., A-25 Ground Floor, Front Tower, Mohan Co-Operative Industrial Estate, NewDelhi-110044. The Authorized Signatory, Samsung Washing Machine Service Centre, No. 177, Near Suchethana Hospital, 3rd Main, P.J. Extension, Davanagere-577004   (Rep by Sri.T.N. Ramesh, Advocate for OP No.2 and OP No.1 and 3 ex-parte)

ORDER

SRI.T.N.SREENIVASAIAH :    PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P Act, 1986 for the relief to direct the OP No.1 and 2 to refund Rs.26000/- with interest @ 18% p.a, Rs.10,000/- towards mental agony, Rs.5,000/- towards cost and such other reliefs.

2.      The brief facts of the case of the above complainant are that, OP No.1 is the authorized dealer and OP No.2 is the manufacturer of the same.  On 22.11.2015 the complainant has purchased one Samsung washing machine of Model No.WF 600 BOB TWQTL, Sl.No.03K5PBGB00487 from OP No.1 vide Cash receipt No. Nil dated 22.11.2015 by paying an amount of Rs.26,000/-.  It is further submitted that, on 07.06.2018, the said machine was not working properly like drum shaking loudly, time keeping is not functioning properly and it makes more sound.  The complainant visited the OP No.1 shop and requested to get it repaired, for that, the OP No.1 sent their service person by name Pradeep, who attended the problems for two to three times, but the same problems occurred.  On 05.07.2018, the service person OP No.3 Mr. Rafeeq has attended the repairs by taking washing machine to Chitradurga and he collected Rs.4,000/- towards repairs, but the same problems were repeated.  Finally the complainant complained about the problems to OP No.1 and 3, but they intentionally postponed the matter on one or the other pretext, it clearly goes to show that, there is a deficiency of service and dereliction of duties.  The warranty period for the said washing machine was 36 months.  Thereafter the complainant got issued legal notice on 23.07.2018.  It is further submitted that, because of supplying the defective washing machine, the complainant has suffered mentally and financially.  The use of washing machine is very much essential to complainant for their day to day purpose and now the washing machine is kept idle like a box.  It is further submitted that, at the time of taking delivery of the washing machine, the OP No.1 has assured that, the said washing machine will give good service.  Finally the complainant approached the OP No.1 and requested to refund the entire product amount paid by the complainant with interest, but the OP No.1 not complied nor refund the amount.  The cause of action for this complaint arise on 05.07.2018 when the OP No.1 and 2 have not refunded the price of the product and they have not replied to the legal notice issued by the complaint,  which is within the jurisdiction of this Forum and hence, prayed for allow the complaint.

3.      The notice issued by this Forum was served on the OPs.  But, OP No.1 and 3 have not appeared before this Forum and hence they placed ex-parte. 

OP No.2 appeared through Sri.T.N. Ramesh, Advocate and filed version stating that the complaint is baseless, devoid of any merits whatsoever and the same is liable to be dismissed.  The complainant has not come to this Forum with clean hands and the same is filed to enrich at the cost of OP No.2.  It is further submitted that, the present complaint is pre-mature since no service is availed by the complainant by this OP as well as OP No.3.  It is true that, the complainant has purchased the washing machine on 22.11.2015 which carries warranty for 24 months which was expired on 21.11.2017.  Per contra, this complaint is filed on 20.08.2018 i.e., after 9 months from the date of expiry of warranty period, therefore for non existence of warranty as on the date of filing of the complaint as well as not availed any service before approaching this Forum, the complainant is not entitled for any relief.  Each product will be accompanied with the warranty card to facilitate the customer to avail warranty benefit after purchase, in the present situation there is no whisper from the complainant about issuance or non-issuance of warranty card and failed to produce the warranty card before this Forum.  This OP is no knowledge and information about approaching the dealer on 07.06.2018 for service purpose as contended in para 4 of the complaint and the alleged date of visit is fictitious date setup by the complainant himself.  The complainant failed to produce the documentary evidence about approaching the dealer on particular date as contended in para 4 of the complaint.  It is denied that, one Mr. Rafeeq visited the complainant’s place and taken back the washing machine to Chitradurga as well as collected Rs.4,000/- towards repair charges, the same is setup by the complainant himself.  In fact no receipt is produced towards the alleged payment of Rs.4,000/- towards repair work.  There is no documentary evidence placed before this Forum to come to a conclusion that the washing machine is covered three years warranty.  It is submitted that, the washing machine is purchased on 22.11.2015, the service request is made only on 06.08.2018, the same establishes that the complainant is able to use his washing machine continuously without any interruption nearly for three years and when the complainant is able to use the washing machine continuously for three years and filing of this complaint after lapse of two years does not amount to existence of manufacturing defect in the washing machine.  It is submitted that, the warranty card is not produced to show that, the washing machine is covered 36 months warranty.  As per the Apex Court decision, when the product is repairable or defect can be cured under such circumstances refund/replacement cannot be ordered.  The admission establishes that the washing machine is repairable.  As per the Document No.1, the complainant intentionally not allowed the Service Engineer to diagnose the issue and therefore, seeking refund of product cost that too after expiry of warranty period is not maintainable and therefore prayed for dismissal of the complaint.          

4.      Complainant has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 and A-5 were got marked and closed his side.  On behalf of OP No.2, one Sri. Sayed Kasim Karnool, Area Service Manager has examined as DW-1 and relied on Ex.B-1 to B-3 and closed their side.   

5.      Arguments heard.

6.      Now the points that arise for our consideration for decision of above complaints are that;

 

1. Whether the complainant proves that, the OPs have committed deficiency of service to rectify/replace the washing machine and entitled for the reliefs as prayed for in the above complaint?

              (2) What order?

          7.      Our findings on the above points are as follows:-

          Point No.1:- Partly in Affirmative.

          Point No.2:- As per final order.

REASONS

8.      It is not in dispute that, complainant has purchased one Samsung washing machine from OP No.1, the dealer, manufactured by OP No.2  on 22.11.2015 vide Cash Receipt No. Nil dated 22.11.2015 of the Model No.WF 600 BOB TWQTL, S.No.03K5PBGB00487 for an amount of Rs.26,000/- with warranty period of 36 months.  But, within warranty period, i.e., on 07.06.2018, the said washing machine found defective, the same was informed to the OP No.1 by giving a complaint. But, the OP No.1 did not respond properly and not take any care to rectify the defects found in the said washing machine, which is a deficiency in service.  The complainant has purchased the said washing machine by investing his hard earned money to make use of it, the same is to be accepted by this Forum.  The complainant has informed the OPs to rectify the defects found in the washing machine in person and also by giving legal notice but, it went in vain.  The legal notice issued to the OPs has not been replied or rectify the defects found in the washing machine. Though the notice issued by this Forum was served, the OP No.1 and 3 have not appeared before this Forum in person or through advocate to disprove the allegations made by the complainant in his complaint with documentary proof.  Therefore, we come to the conclusion that, the contention taken by the complainant and also the documents produced by his i.e., Ex.A-1 and A-3 proves that, the OPs have manufactured and sold the defective washing machine.  Ex.A-3 the warranty card issued by the OP No.1 shows that, the washing machine purchased by the complainant has got warranty period for a period of 36 months.  The Ex.A-2 shows that, the washing machine was taken for repair by one Anilkumar.M on 05.07.2018 and the same has not been repaired. 

9.      We have gone through the entire documents filed by the complainant.  Those documents shows that, the complainant has purchased Samsung washing machine from OP No.1 by paying an amount of Rs.26,000/- on 22.11.2015 vide Cash Bill No. Nil dated 22.01.2015 as per Ex.A-1.  OP No.2 is the manufacturer, manufacturers will supply the articles to the dealers and the dealer sells the articles supplied by the OP No.2.  Here the OP No.1 is a dealer who sold the washing machine to the complainant.  It is purely a defective material supplied by the OP No.2 to OP No.1.  In turn, the OP No.1 has to sell the same to the customers.  Therefore, OP No.1 and 2 are held liable to compensate the complainant for supplying and selling the defective material.  Accordingly, this Point No.1 is held as partly affirmative to the complainant.

            10.Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

            The complaint filed by the complainant U/s 12 of CP Act 1986 is partly allowed.

            It is ordered that, the OP No.1 and 2 is hereby directed to hand over the new Samsung Washing Machine of the same model to the complainant.  If fails to hand over the same, OP No.2 is hereby directed to pay a sum of Rs.26,000/-, the cost of the washing machine along with interest @ 9% p.a from the date of filing of this complaint till realization.

            It is further ordered that the OP No. 1 and 2 are hereby directed to pay a sum of Rs.5,000/- towards mental agony and Rs.3,000/- towards costs.  Complaint against OP No.3 is hereby dismissed.

            It is further ordered that, the OP No.1 and 2 are hereby directed to comply the above order within 30 days from the date of this order.

(This order is made with the consent of President after the correction of the draft on 10/01/2019 and it is pronounced in the open Court after our signatures)

 

 

                                     

          MEMBER                                                   PRESIDENT

-: ANNEXURES :-

Witnesses examined on behalf of Complainant:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OPs:

DW-1:  Sri. Sayed Kasim Karnool, by way of affidavit evidence.

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Invoice dated 22.11.2015
02	Ex-A-2:-	Letter dated 05.07.2018 by Anil Kumar
03	Ex.A-3:-	Warranty Card
04	Ex.A-4:-	Legal Notice dated 23.07.2018
05	Ex.A-5:-	3 Postal receipts and 2 acknowledgements

Documents marked on behalf of OPs:

01	Ex-B-1:-	Screenshot of Service order No.4266177770
02	Ex-B-2:-	Reply dated 21.08.2018
03	Ex.B-3:-	Letter of authorization dated 28.09.2018
04	Ex.B-4:-	List of sales centers

 

 

MEMBER                                                   PRESIDENT

Rhr**