CONSUMER DISPUTES REDRESSAL FORUM
PALAKKAD, KERALA
Dated this the 25th day of June, 2012.
Present: Smt. Seena. H, President
: Smt. Preetha. G. Nair, Member
: Smt. Bhanumathi. A.K, Member Date of filing: 12/10/11
CC / 172/2011
Premakumar.M.P,
S/o.Prabhakaran Kartha, - Complainant
Pothengil Kovilakam, Nellaya P.O,
Palakkad- 679 335
(BY Party in person)
Vs
Manager,
Whirlpool Service Centre,
Cool World, Near Lakshimi Nursing Home, - Opposite party
Chittur Road, Palakkad.
(BY ADV G.Abhilash)
O R D E R
BY SMT. BHANUMATHI. A.K, MEMBER
Brief facts of the complaint:
The Complainant had purchased a Whirlpool Washing Machine (Automatic) on 29-6-08 through exchange. About 1 year the machine was worked properly. After 1 year the machine began to show major complaints in circuit Board. The representatives from the service centre came and changed the same thrice.
In 2001 the complainant had purchased a semi automatic washing machine of Whirlpool Company. The machine showed different complaints. When the service centre charged for service the complainant sent a letter to the Customer Service Vice President at Fareedabad. He sent six coupons to the complainant on 2/8/06 for the purpose of doing free service. As the company stopped the production of such model washing machines, the representative of the service centre informed the complaint that it is better to change the washing machine. Accordingly a new washing machine purchased by exchange and Service Vice President informed the complainant that the coupon can be used after the warranty period was over. The new washing machine made abnormal sound. The representatives of the service centre came and repaired it. For that one of the above said coupon was given. Again the circuit board became defective. When it was informed to the service centre they informed that they cannot accept the coupon without intimation from the company. Otherwise the complainant has to pay Rs.2100/- for repairing the circuit board. The complainant sent an E-mail and Reg.Letter to the company Vice President but no reply was received.
Due to the complaints occurred in the washing machine the complainant suffered much physical harship and mental agony. So the complainant seeking an order directing the opposite party to replace the defective washing machine with a new one or accepting the said coupon for free service and Rs.10,000/- as compensation.
Opposite party filed version denying the contentions put forward by the complainant. It is not mentioned in the complaint that from where the washing machine has been purchased. This complaint is bad for non joinder of necessary parties. This opposite party is only a service centre of Whirlpool Company. They will provide service to the customers as per the information given by the dealer. Accordingly the opposite party has serviced thrice the washing machine of the complainant under the warranty period. Whirlpool company is not a party here. Opposite party denies the issuance of the 6 coupon, for free services, by the Customer Service Vice President on 2.8.06. Opposite party has no liability to do free service as per the said coupon. The Customer Vice president or the company at Fareedabad is not a party in the complaint. There is no deficiency of service on the part of opposite party and prays for the dismissal of the complaint with cost.
Both parties filed their respective affidavits. Ext.A1 to A5 marked on the side of the complainant. Commissioner inspected the washing machine and filed report. Which has been set asided and a fresh report was filed. Mistakenly both the reports were marked as Ext.C1 & C2. We consider the report C2 dated 24.4.12 as Ext.C1. Commissioner was cross examined as CW1.
Heard the parties and gone through the documents on record.
Issues to be considered are:
I. Whether there is any deficiency of service on the part of opposite party?
II. If so, what is the reliefs and cost?
Issues No.I & II
The case of the complainant is that he had purchased a semi automatic washing machine in 2001. The said washing machine showed many complaints. When the service centre began to demand charges for doing services the complainant contacted Customer Vice President at Fareedabad and received six coupons for free services. When the Whirlpool company stopped to make such model of washing machines and spare parts are unavailable, the complainant purchased a new washing machine of Whirlpool Company on 29.6.08 as exchange of the old washing machine after the discussion with the company. The Customer Vice President informed the complainant that the earlier issued coupons can be used for free service as and when the free services of the new washing machine was over. But it is not supported by documents. The purchasing of the washing machine is evident from Ext.A1 document.
The new washing machine functioned for 1 year properly. After that it also showed complaints. The circuit board became defective. The service providers replaced the same thrice. Service provider repaired the circuit board once by accepting the coupon. Thereafter when the machine became defective the service centre refused to do free service by accepting the coupon without getting intimation from the company.
A commission has inspected the washing machine and report was marked as Ext.C1. According to C1 report, the smooth functioning of the washing machine some parts are to be replaced such as control board, water level control unit, Balance spring of wash tub, main power s/w etc.
The defect of the washing machine was proved undoubtedly. Company is liable for replacing the same. But the company is not a party in the complaint. Eventhough the complainant sent a regd.letter to the company no reply was obtained. Ext.A5 is the postal receipt of the said letter. But the service centre can very well inform the company and get needful instructions. It is true that after the warranty period also the service providers rectified the sound problem of the washing machine by accepting the coupon issued earlier. Anyhow the defect of the washing machine is already proved and opposite party is liable to repair the same.
In the result complaint partly allowed. Opposite party is directed to accept the 5 coupons, whenever it is needed, issued by the company and provide 1st free service to the washing machine of the complainant within 15 days or pay an amount of Rs. 5,000/- (Rupees Five thousand only) to the complainant. Opposite party is also directed to pay an amount of Rs.3000/- (Rupees Three thousand only) as cost of the proceedings. The cost of the spare parts to be borne by the complainant.
Order shall be complied within one month from the date of receipt of order failing which the whole amount shall carry 9% interest per annum from the date of order till realization.
Pronounced in the open court on this the 25th day of June, 2012
Sd/-
Smt. Seena. H
President
Sd/-
Smt. Preetha.G.Nair
Member
Sd/-
Smt. Bhanumathi.A.K
Member
A P P E N D I X
Exhibits marked on the side of complainant
Ext. A1– Whirlpool Washing Machine Warranty Registration Card (Original) dated
29/06/08 of Nalakath Agencies.
Ext. A2- Coupons for free services of Whirlpool Home Care Plan.
Ext. A3 - Photocopy of the letter dt.2.8.06 sent to the Vice President, Consumer
Service, Faridabad.
Ext. A4 - Photocopy of the letter dt.11.8.11 sent to the Vice President, Consumer
Service, Faridabad.
Ext.A5 - Postal Receipts
Exhibits marked on the side of opposite parties
Nil.
Witness examined on the side of complainant
Nil.
Witness examined on the side of opposite parties
Nil.
Commission Report
C1 – Report dated 24-04-2012
Examination of Commissioner
CW1- Byju @ Binoj
