Complaints filed on: 03-06-2022

                                                      Disposed on: 30-09-2022

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

DATED THIS THE 30^th DAY OF SEPTEMBER, 2022

P R E S E N T

SMT.G.T.VIJAYALAKSHMI, B.Com, L.L.M, PRESIDENT

SRI.KUMARA.N, B.Sc., L.L.B, MEMBER

SMT.NIVEDITA RAVISH, B.A., L.L.B, LADY MEMBER

CC.No.99/2022

Mallikaiah S/o Late Narasimhaiah,

Teacher, Aged about 55 years,

Chikkanayakanahally, Tumkur Dist.

……….Complainant

(By Sri.Krishnamurthy, Adv.,)

V/s

The Manager, Whirpool of India Ltd.,

J.P.Arcade, Crop No.45/119,

Chamarajpet, Bangalore-560 018.

(Served – Absent)

                                                :O R D  E R :

SMT.NIVEDITA RAVISH -  LADY MEMBER

          This is the complaint filed by the complainant to direct the Opposite Party (hereinafter called as OP) to repair the Washing machine properly nor exchange the above washing machine and prayed for to pay Rs.5,000/- for mental agony, expenses and also for other loss suffered by the complainant.

2.       It is the case of the complainant that the complainant has purchased Whirpool, 8 k.g. Auto Top load washing machine in Reliance Digital Shop, B.H.Road, Tumakuru on 28.04.2014 for Rs.27,542.42 ps.  The said washing machine was troubled within warranty period.  The machine of the OP has repaired the washing machine after request sent by the complainant through G-mail.  But the problem was not solved.  The complainant has gave several request to the OP through G-mail.  Ultimately the OP has informed to the complainant and the complainant has taken the washing machine for repair to one S.K.Service, Tumkur as per the instruction of the OP on 31.07.2021.  The above service centre has charged Rs.6,770/- for repair, but the problem was not solved and same was intimated by the complainant to the OP.  The complainant has met the authorized mechanics of OP, but they have given evasive reply to the complainant.  Even though the complainant got issued legal notice to OP on 02.03.2022, the OP has not Co-Operate properly to repair nor exchange the washing machine.  Hence, this complaint.    

3.       After service of the notice by this Commission, the OP has not appeared before this Commission and remain absent in spite of giving several opportunities.

4.       The complainant has filed his affidavit with 09 documents, which are marked as Ex.C1 to C9.

5.       We have heard the arguments of the complainant and the points that would arise for determination are as under:

1. Whether the complainant proves deficiency in service on the part of OPs?

2. Is complainant is entitled to the relief sought for?

6.        Our findings on the aforesaid points are as under:

Point No.1: In the Affirmative

Point No.2: As per final order for the below

:R E A S O N S:

7.       The counsel for complainant has submitted that the complainant has purchased Whirlpool, 8. k.g. Auto Top load washing machine in sale order No.4100182416 in Reliance Digital Shop, B.H.Road, Tumkur on 28.04.2014 for Rs.27,542.40 ps.  To prove the same, the complainant ahs filed Ex.C2, Ex.C5, Ex.C6/ Copy of the Retail Invoice, internet copies which are establish the above details.  Conversation in the mail which have shown in the Ex.C7 are also proves that the complainant has purchased the said washing machine from the OP.

8.       Further, Ex.C7 produced by the complainant reveals that, the complainant has approached the OP to intimate the problem in the washing machine and about to intimate the repair bill given by S.K.Service centre on 19.11.2021, 22.11.2021, 25.11.2021, 14.122021, 15.12.2021, 20.12.2021, 27.12.2021, 29.12.2021, 31.12.2021, 11.01.2022, 12.01.2022 and 13.01.2022.

9.       The counsel for the complainant has argued that the OP has failed to repair the washing machine properly as per the warranty.  To prove the same, the complainant has produced the Ex.C1/warranty registration card which was issued by the OP to the complainant and same is reflecting the serial number, model, date of purchase, original purchaser name.  Further, the Ex.C1/warranty registration card clearly reveals as:

 “8 YEARS EXTENDED WARRANTY ONLY ON VARIATOR”. 

The prime moves (Variator) to be free from defects in material and workmanship under normal use and service.  WoIL’s obligation under this warranty shall be limited to repairing or providing the replacement of prime moves (Variator) with another in working condition which thus proves defective within 8 years commencing immediately after the expiry of the two years period from the date of purchase”

10.  On perusal of documents submitted by the complainant had purchased the said washing machine on 28.04.2014, the warranty of 8 years given by the OP for the prime moves(Variator).  Ex.C4/ Bill dated:31.07.2021 established that S.K. Service Centre repaired the washing machine and received the amount of Rs.3,220/- for 306” Variator.  It establishes that the Variator of the washing machine given trouble within the warranty period.  Ex.C7 establishes that, OP has not repay the bill amount which was repaired by S.K.Service centre not exchanged the variator as per the warranty.  Though, the complainant got issued Ex.C8/Legal notice to the OP, the OP has not complied the same, which amounts to deficiency in service.   The complainant has prayed to exchange the washing machine.  But as per the terms and conditions in Ex.C1/warranty registration card, there is a provision of replacement of prime mover(Variator).  Hence, the OP is liable to replace the variator (Variator is a wash plate which rotates water and cloths) with another in working condition of the washing machine of the complainant as per the warranty terms and conditions.  The OP has compelled the complainant to approach this Commission.  Hence, the OP is liable to pay Rs.6,000/- as litigation cost and to pay Rs.5,000/- as compensation to the complainant.  Accordingly, we pass the following:-  

:O R D E R:

The complaint filed by the complainant is allowed in part with costs.

The OP is directed to replace the Variator with new one in working condition in the washing machine purchased by the complainant on 28.04.2014 under sale order No.4100182416.

It is further directed that the OP shall pay litigation cost of Rs.6,000/- and compensation of Rs.5,000/- to the complainant.

Further, the OP is directed to comply the above order within 45 days from the date of receipt/knowledge of this order.  Otherwise, the OP is directed to pay Rs.100/- per day as penalty till comply the above order.

Furnish copy of this order to both parties free of costs immediately.

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