DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PALAKKAD
Dated this the 22nd day of June, 2022
Present : Sri.Vinay Menon V., President
: Smt.Vidya.A., Member
: Sri. Krishnankutty.N.K.,Member
Date of filing:16/02/2022
CC/33/2022
Babu Krishnan - Complainant
Pattale House,
Gandhi Nagar,
Ambattupalayam,Chittur College Post,
Palakkad-678 104
(Party in person)
Vs
1.The Manager - Opposite Parties
Bosch India Ltd,
P.B.No.3000
Hosur Road,Adugodi,
Benagalore.
2. The Manager
Jamal Sales Corporation,
Court Road, Palakkad-678 001.
( Opposite party 1 & 2 Exparte)
O R D E R
By Smt.Vidya.A., Member
1.Brief pleadings of the complaint
Complainant purchased a washing machine manufactured by the 1st opposite party company from the 2nd opposite party’s shop on 03/09/2017 for an amount of Rs.24,500/-. On February 2022, he noticed rust on the front panel of the washing machine which according to him was due to the poor quality of the material used. On 03/02/2022, he registered a complaint and it was attended by the service person on 08/02/2022. He informed that the front panel has to be changed which costs Rs.3000/- and as the service validity had expired he charged Rs.800/- for the service. The complainant’s concern is that the rust is spreading on all other parts of the washing machine. Because of this issue he suffers mental stress and had financial loss in filing this complaint. So this complaint is filed for directing the opposite parties to resolve the issue either by replacing the full body of the washing machine free of cost or to give Rs.30,000/- as compensation.
2. After admitting the complaint, registered notices were issued to both opposite parties. Notice was served on 1st opposite party . Since acknowledgment of the 1st notice was not received, notice was again issued to the 2nd opposite party on the e-mail id seen in the invoice. E-mail issued was received the 2nd opposite party. But both the opposite parties failed to enter appearance and so they were set exparte.
3. Complainant filed chief affidavit and Exts A1 to A4 were marked. (A2 in series). Heard and taken for orders.
4. Main points to be considered.
1. Whether there is any Deficiency in service/Unfair Trade Practice
on the part of the opposite parties ?
2. Whether the complainant is entitled to the reliefs claimed ?
3. Reliefs if any.
Point No.1
5. Ext A1, the Tax invoice dated 03/09/2017 issued by the 2nd opposite party shows the purchase of BOSCH W/M WAB16060IN for an amount of Rs.24,500/- Complainant’s grievance is that on February 2022, he noticed the presence of rust on the front panel of the washing machine and registered a complaint on 3rd February 2022. The complaint was attended by a technician on 08/02/2022 and he suggested for the replacement of the front panel costing Rs.3000/-.
6. As per the complainant’s affidavit, the service person again visited his house based on his complaint and inspected the washing machine on 21/04/2022 and found that the tub(Drum) was broken and suggested to change it for which the cost is Rs.12,000/-.
Exts A2(a) and A2(b) are the job cards issued by the technician. A2(a) shows the remarks ‘Tub broken’ and A2(b) shows the remark ‘Front panel rust’. He also produced the cash receipts showing the payment to the technician as service charge.
7. The complainant purchased the washing machine on 03/09/2017 and used it without any problems upto February 2022. The complainant has not produced the warranty card showing the details of the warranty of the product. As per the technician who inspected the washing machine, the front panel and drum has to be changed for resolving the defects raised by the complainant
8. The complainant is not entitled to get replacement of the full body of washing machine free of cost if the period of warranty of the product is over. In the absence of the warranty card which is the vital document, we are unable to decide as to whether the opposite parties are liable to replace it free of cost or not.
As far as the service of the opposite parties are concerned, we observe that the technicians attended the problems immediately on lodging of the complaint. They found out the defect and advised the complainant to replace the defective parts for its proper functioning.
So there is no Deficiency in service on their part. Hence we are not inclined to allow the prayer of the complainant to direct the opposite parties to replace the body of the washing machine free of cost.
In the result, the complaint is dismissed.
Pronounced in the open court on this the 22nd day of June, 2022.
Sd/-
Vinay Menon V
President
Sd/-
Vidya.A
Member
Sd/-
Krishnankutty.N.K
Member
Exhibits marked on the side of complainant
Ext. A1– Tax Invoice Bill No.P000744 Dated 03/09/2017
Ext A2(Series a & b)-Job cards generated by the opposite party to the complainant
Ext A3-Cash receipt Dated 08/02/2022.
Ext A4- Offer letter Dated 23/04/2022 from 1st opposite party to the complainant
Exhibits marked on the side of Opposite parties: Nil
Witness examined from complainant’s side:- NIL
Witness examined from opposite party’s side:- NIL
Cost: NIL
Forwarded/By Order,
Assistant Registrar
Fair copy on : 24/06/2022.
Despatched on:
