By Sri. MOHANDASAN.K, PRESIDENT
1.The complaint is short is as follows: -
The complainant purchased a washing machine of ONIDA WM WOF 60FSPIWH for Rs. 14,990/-. The washing machine became defective within 4 months of its use. The complainant contacted customer care of ONIDA and the shop of the opposite party. Thereafter two days a service person reported before the complainant and he examined the defective washing machine. After due examination of the washing machine, he suggested replace of certain parts for that it will take one week time. But thereafter one week there was no response from the service centre and so the complainant continued calling to the service centre. Thereafter a lawyer notice issued to the opposite party and as a result of the same, a service person came to attend the washing machine that too after 4 weeks and he rectified the defects. The service person /technician said to the complainant that the product is 2016 model and that is the reason for non-availability of spare parts and which resulted delay in providing service. Thereafter complainant found the washing machine as defective within 3 months. Again, the complainant contacted service centre of ONIDA and the opposite party. At that time a technician came to the complainant and on his examination, he said that certain parts are to be changed and it can be done within one week. Thereafter though the complainant contacted opposite party several times they did not turn up stating that spare parts are not available. The Onida service centre ASM was also contacted by the complainant, he also told him that the spare parts are not available and on availing the same it will be rectified. Thereafter technician came to the complainant and two parts replaced instead of three parts. The washing machine still is not working. Though complainant contacted ASM and the reply was spare parts are not available. Meanwhile the complainant apprehend that his warranty period is about to expire. The complainant submits that he could use the washing machine nearly three or four months during the period of one and half years.
2. The complainant submits that the complainant purchased washing machine to reduce work load in the life but resulted more mental pressure. Though the complainant approached the opposite party through a Consumer Protection Society but there was no result. Hence the complainant filed this complaint seeking compensation of Rs. 1,00,000/- from the opposite party.
3. On admission of the complaint notice was issued to the composite party but despite receipt of notice the opposite party did not turn up. The opposite party did not file version and affidavit. Hence the opposite party set exparte.
4. The complainant filed affidavit and documents. The documents marked as Ext.A1 and A2. Ext. A1 is invoice No.TIR/J24172 for Rs. 14,990/- dated 27/03/2021. Ext.A2 is warranty card for ONIDA washing machine dated 31/03/2021.
5. The case of the complainant stands proved through exparte affidavit and documentsA1 and A2. Ext. A1 shows that, he purchased washing machine on 27/03/2021 from the opposite party for Rs. 14,990/-. Ext. A2 issued by the opposite party on 31/03/2021 is the warranty card of the product. The warranty as per Ext. A2 is for repair or replacement of any parts other than Rubber and plastic parts free of charge, for a period of 24 months from the date of invoice/ bill. It is further contended the warranty that the defective part(s) shall be replaced with a functionally working equivalent part(s). The removed parts will be ONIDA property. The grievance of the complainant is that, he purchased the product for reducing his life burden, but he could use the product only for few days. Though the complainant contacted duly the opposite party as well as the service centre of Onida, there was no proper service from the side of opposite party or from the service centre. In addition to that the technician who inspected the defective washing machine said to him that the product is manufactured in the year 2016 and so the spare parts are not available to provide due service. So, the perusal of the affidavit and documents of the complainant, it appears the grievance of the complainant is genuine and he is entitled relief as prayed in the complaint. The complainant submitted that he could use the product only for few months during the 1½ years. Meanwhile several time the product became defective and no proper service was rendered to him by the opposite party. Hence it will be proper to direct the opposite party to replace the product purchased by the complainant as per Ext. A1 or to refund the cost of the product. In addition to that the complainant is entitled reasonable amount as compensation also and we allow Rs. 25,000/- to the complainant on account of defective service and thereby caused inconvenience and hardship to the complainant. The complainant is also entitled cost of Rs. 5000/-.
6. In the light of above facts and circumstance the Commission allows the complaint as follows: -
The opposite party is directed to replace the defective washing machine with a defect free washing machine with same specification of Ext. A1 and with warranty as provided in Ext. A2 or the opposite party is directed to refund the cost of Rs. 14,990/- to the complainant. The opposite party is at liberty to take back the defective washing machine from the complainant at the cost of opposite party after refund of cost of washing machine.
The opposite party is directed to pay Rs. 25,000/- (Rupees Twenty-five thousand only) as compensation to the complainant on account of defective service and thereby caused inconvenience and hardship to the complainant.
The opposite party is also directed to pay Rs. 5000/- (Rupees Five thousand only) as cost of proceedings.
The opposite party is directed to comply this order within one month from the date of receipt of copy of this order, failing which the complainant is entitled to interest for the above said amount at the rate of 12% per annum from the date of order till date of compliance.
Dated this 31stday of March, 2023.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMANC., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1 & A2
Ext. A1 : Invoice No.TIR/J24172 for Rs. 14,990/- dated 27/03/2021.
Ext.A2 : Warranty card for ONIDA washing machine dated 31/03/2021.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMANC., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
CPR
