Orissa

Rayagada

CC/144/2016

Sri A.Laxman Rao, - Complainant(s)

Versus

The Manager, Bajaj Electronic - Opp.Party(s)

Self

18 Nov 2016

ORDER

          DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA

 

                                                      C.C. Case  No.144/ 2016.

                                                                       

 P R E S E N T .

Sri Pradeep Kumar Dash, LL.B,                             President.

Sri Gadadhara Sahu,B.Sc.                                     Member

            Sri A.Laxman Rao,At: Brahmin Street,P.O.Gunupur,P.S.Gunupur,Dist. Rayagada,     Odisha.                                                                                                                                                                                                                                                ………Complainant

Versus

1. Manager, Bajaj Electronics, At: Plaot No.722/36,Pemmassani Complex, Near Madhapaur, P.S.Jubileehills,PO/Ps Hyderabad-33,Andhra Pradesh
2. General Manager, Whirlpool of India Limited,Plot No.M.D.I.D.C  Ranjangaon Taluk Shirur,Pune(Maharastra)Onida Customer Relation Center, Link Road, Near Orissa Steadovers Ltd., Cuttack, Pin: 753012,Odisha .

 

                                                                                                             ……...Opp.Parties

Counsel for the parties:

For the complainant: Self

For the O.Ps: Sri A.K.Kedia & Associate Advocate,Cuttack.

 

                                                            JUDGMENT

                        The facts of the complaint  in brief is that,  the complainant has purchased  one  Whirlpool Washing Machine from O.p. No.1 with a  consideration of Rs.26,650/- on 25.12.2013  vide Retail  Invoice No.JH/CR/ 13/18120    but after two months of its purchase, the washing machine  was started  giving troubles  and the complainant informed the OP 1 but the OP1  failed to rectify the defects . The complainant approached the OP 1 to  replace  the same or refund the amount but  the OP 2 neither refunded the amount for replace the same. Hence finding no other option  the complainant  approach this forum and prayed to direct the O.ps  to refund the  amount of washing machine  with interest or  replace the same  and to pay  compensation for mental agony  cost of litigation expenses. Hence, this complaint.

                         On being noticed, the O.p2 appeared  through their advocate and filed written version inter  alia denying the petition allegations on all its material particulars. It is submitted by the O.P2  that   it is not true that  the complainant has purchased an Onida Washing Machine from the O.P 1 for a sum of Rs.26,650/- vide Invoice No.JH/CR/13/18120  rather as per the purchase invoice  another person Mr.Ratna Kumar of Srikakulam has purchased the Whirlpool washing machine vide Invoice No.JH/CR 13/18120 .Thus as per the admission of the alleged complainant, the washing machine  of this particular invoice and for the particular amount has not been purchased by Sri A. Laxman Rao i.e. the complainant. The complainant himself admits that he is not the true purchaser of the washing machine, he is not entitled to file the complaint petition and seek any relief from the Hon’ble Forum  such the complaint petition  should not be entertained and be dismissed.                                                                             FINDINGS

                        Heard and perused the complaint petition and documents filed by the complainant and we accept the grievance of the complainant. The Complainant  argued that the O.ps have sold a defective  washing machine   to the complainant and claimed that the O.ps caused deficiency in service and deprived of the complainant of enjoyment of the product   since the date of  its purchase  which caused mental agony and harassment to the complainant. In reply the OP 2 submitted that the complainant has  not purchased the Washing Machine from the O.P 1 vide Invoice No.JH/CR/13/18120  rather as per the purchase invoice  another person Mr. Ratna Kumar of Srikakulam has purchased the Whirlpool washing machine vide Invoice No.JH/CR 13/18120  as such   he is not entitled to file the complaint petition and seek any relief from the Hon’ble Forum.  We verified the documents filed by the complainant and   found that  in the Money Receipt  the name .of the purchaser  is mentioned  as Ratna Kumar Anupoju, Dist.Srikakukam but  in the Warranty Registration Card it is written as Original Purchaser A.Laxman Rao,Braman Street,Old Bus Stand,  Gunupur and on enquiry we  came to know that Ratna Kumar Anupoju is the son of A.Laxman Rao and in this regard A.Laxman Rao has also given in writing to this forum. Hence, in view of the above discussion it is concluded that A.Laxman Rao  has got liberty to file this present complaint  before this forum.

Now we have to see whether there was any negligence of the Ops  in providing  after sale service  to the complainant as alleged ?

 

We perused the documents filed by the complainant.  Since the washing machine was  found defective after its purchase    and   the complainant  informed the Ops regarding the defect but the  Ops   failed to remove  the defect . At this stage we hold that  if the product  require  servicing since  the date of its purchase, then it can be presumed that it is defective one and if the defective  product   is sold to the complainant , the complainant is entitled to get refund of the price of the article or to replace a new  one or  remove the defects  and also the   complainant is entitled  and has a right to claim compensation and cost to meet his mental agony , financial loss.  In the instant case  as it is appears that the washing machine which was purchased by the complainant had developed  defects and the O.ps were unable to restore its normal functioning during the warranty period. It appears that the complainant invested  a substantial amount and purchased the washing machine  with an expectation to have the effective benefit of use of the article. In this case, the complainant was deprived of getting beneficial use of the article and deprived of using the washing machine  for such  and the defects were not removed by the O.ps who  know the defects from time to time from the complainant.

Hence, in our view the complainant has right to claim compensation to meet  his mental agony, financial loss. Hence,  it is ordered.

                                           ORDER

                        The  opposite parties  are directed to repair   the washing machine as like  to its original condition and give warranty  that same  defect would not be occurred within next six months and  for mental agony and harassment the Ops are liable to pay cost and compensation of Rs.1500/- . Further, we direct the Ops to comply the  above order and  pay the aforesaid award amount  within one month from the date of receipt of this order, failing which the O.Ps are liable to  replace the washing machine of the same model   with a new one  and also liable to  pay  interest  @  12%  p.a. on the above awarded amount till  the date of payment. Accordingly the complaint is allowed.

                        Pronounced in open forum today on this 22nd  day December,2016 under the seal and signature of this forum.

                         A copy of this order as per the statutory requirements , be forwarded to the parties    free of charge.

 

 

            Member                                                                                               President

Documents relied upon:

By the complainant:

1. Xerox copy of   Money Receipt.
2. Xerox copy of Warranty Card.

 

By the Opp.Party: Nil

 

                                                                                                           President