Karnataka

Chitradurga

CC/99/2017

K.M. Shanmukha, - Complainant(s)

Versus

The Branch Manager, - Opp.Party(s)

Sri.P.S.Sathyanarayanarao

12 Mar 2018

ORDER

COMPLAINT FILED ON:17.10.2017

DISPOSED      ON:12.03.2018

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO: 99/2017

 

DATED:  12^th MARCH 2018

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

                   SRI.N. THIPPESWAMY        : MEMBER

                                 B.A., LL.B.,  PGDCLP

 

……COMPLAINANT/S	K.M. Shanmukh, Major, Govt. Hospital, Gudekote, Kudligi Taluk, Bellary District.     (Rep by Sri.P.S. Sathyanarayana Rao, Advocate)
V/S
…..OPPOSITE PARTIES	1. The Branch Manager, Pai International Electronics Ltd., PKR Plaza, Opp: Shankar Talkies, 4th Block, B.D. Road, Chitradurga.   2. The Authorized Signatory, Whirlpool of India Ltd., Corporate Office, Whirlpool House, Plot No.40, Sector-44, Gurgaon-122 002.   (ex-parte)

ORDER

SRI. N.THIPPESWAMY:  MEMBER

The above complaint has been filed by the complainant u/Sec.12 of the C.P Act, 1986 for the relief to direct the OPs to refund Rs.16,941 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, OPs carrying business dealing in Whirlpool Washing Machines.  OP No.1 is the authorized dealer and OP No.2 is the manufacturer of the same.  The complainant has purchased one whirlpool washing machine from OP No.1 on 20.10.2015 vide Invoce No.CHI 6700 by availing loan from his friends.  The said washing machine has been guaranteed for trouble free service for a period of 2 years from the date of purchase vide guarantee card issued by the OP No.1.  After lapse of 1 ½ years from the date of purchase, the said washing machine found defective in working and it was not working properly.  The complainant has informed the same to the OP No.1 and given a complaint vide complaint No.BG-0917009254 dated 21.09.2017, but, the OP No.1 did not respond properly and also not sent any Technician to rectify the same, it is a clear cut deficiency in service.  The complainant has purchased the said washing machine by investing an amount of Rs.16,941/- to make use of it but, the same was not functioning properly.  Complainant has informed the OPs to rectify the defects found in the washing machine in person and also over phone but, it went in vain.  The complainant also issued legal notice to the OPs but, the OPs have not replied to the said notice or rectify the defects found in the washing machine. The complainant has suffered financial loss, mental agony and damages.  The OPs are liable for breach of contract as they have not complied with the terms of the guarantee and they have acted extremely negligent on their part.  The complainant has not been able to use the washing machine for more than 1 ½ years and he has been under great mental pressure all through particularly because of the extremely negligent on the part of OPs.  Hence, prayed for allow the complaint.

3.      The notice issued by this Forum was served on the OPs.  But, they have not appeared in person or through their counsel.  Hence, they placed ex-parte.  

4.      Complainant has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 and A-2 were got marked and closed her 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 whirlpool washing machine from OP No.1, the dealer, manufactured by OP No.2  on 20.10.2015 vide Invoice No.CHI 6700 by availing loan from his friends, which guaranteed for trouble free service for a period of 2 years from the date of purchase vide guarantee card issued by the OP No.1.  But, after lapse of 1 ½ years from the date of purchase, the said washing machine found defective, the same was informed to the OP No.1 by giving a complaint vide complaint No.BG-0917009254 dated 21.09.2017.  But, the OP No.1 did not respond properly and did 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 over phone 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 OPs 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-2 proves that, the OPs have manufactured and sold the defective washing machine.  Ex.A-2 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 two years.  The said document also shows that, the date of purchase and the model was 20.10.2015 and 31089 respectively, which clearly shows that, the said washing machine was within warranty period and the same was defective.  The fact that, the complainant has been intimated to the OPs under Complaint No.BG-0917009254 dated 21.09.2017 about the defects found in the washing machine is also within warranty period and also the OPs have not sent any Technical person to rectify the defects found in the said washing machine.

9.      We have gone through the entire documents filed by the complainant.  Those documents shows that, the complainant has purchased whirlpool washing machine from OP No.1 by paying an amount of Rs.16,941/- on 20.10.2015 vide Invoice No.CHI-6700 as per Ex.A-1.  OP No.2 is the manufacturer, manufacturers will supply the articles to the dealers and the dealers 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, both of them 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.2 is hereby directed to hand over the new Whirlpool Washing Machine model No.INF153801513 to the complainant.  If fails to hand over the same, OP No.2 is hereby directed to pay a sum of Rs.16,941/-, 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 is hereby directed to pay a sum of Rs.3,000/- towards mental agony and Rs.2,000/- towards costs.

            It is further ordered that, the OPs 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 12/03/2017 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:

-Nil-

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Invoice dated 20.10.2015
02	Ex-A-2:-	Warranty Card

 

Documents marked on behalf of OPs:

-Nil-

 

MEMBER                                                            PRESIDENT

Rhr**