(Per Smt.Neelima Sant, Hon’ble President)
The Complainant has filed this complaint u/s 12 of Consumer Protection Act. 1986 for deficiency in Service. The brief facts are as under- The Complainant is resident at Jalna. She had ordered one Limphatic Drainag Massager which is manufactured and sold by Respondents through online website. She deposited the amount Rs. 24,000/- towards the cost of the machine in the bank account of Respondent on 26.02.2014 there after She got the home delivery of the said machine through courier The machine worked smoothly only for 20-25 days & there after there were problems in the working of that machine. Complainant had a talk with respondents regarding the problems. During the warranty period complainant three times sent the machine to respondents through courier at her cost. The respondent tender telephonic apology as the machine was demo-piece, The machine had many defects in working irrespective of time to time repairs by Respondents. The Attachment of the machine had cello tape rounded over it. As there was no co-operation from Respondent, the machine is still lying idle at Complainants end. Complainant had purchased such a costly machine for the massage of her mother who is ill but in vein.
The Respondents did not replace the machine though it was within warranty period. Complainant sent a legal Notice to Respondent, but respondent neither replied nor replaced the machine. Hence complainant is approaching this Forum. She is praying Rs.24,000/- as cost of the machine, Rs.10,000/- to wards compensation of physical & mental harrashment. She is praying Rs.43,320/- in total including cost of Complaint and other expences.
Complainant had attached a receipt of Rs.24,000/- deposited in the account of the Respondent, receipt of courier services, showing that she got the home delivery of the machine, legal notice (Office copy), instruction manual of the machine, letter by Respondent, print out of e-mail conversation between Complainant & Officer of the respondent etc. with her complaint.
Respondent sent a letter to the Forum (Ex.6) in which they state that their company is a renouned company regarding elderly Health care & to improve their quality of life. They are not a typical money-making commercial company. They could not understand the Notice sent by complainant as it was in Marathi. They were always co-operative & polite towards complainant but failed to satisfy her ego. The product they sold is a world class machine.
They committed to replace the device with a brand new device as a gesture of good will. But complainant without responding to their good gesture, availed to file this Complaint.
Heard Advocate for the complainant & perused the document on record. Following points raised for our consideration & we answer them accordingly.
Points Answer.
- Whether the machine manufactured
& sold by the Respondent was
defective one ?Yes
- Whether the respondent was
deficient in service towards
Complainant ?Yes
- What Order? As per final order
Reasoning to point no.1&2
It is clear from Ex.3/1 & 3/2 that complainant purchased Limphatic Drainag Massager/Limb compression Therapy on 26.02.2014 from Respondent for Rs. 24,000/- She got delivery of the machine at Jalna. The detailed instructions regarding operation & use of machine are written in Instruction manual. There is a warranty of one year from the date of purchase. It is clear from the e-mail conversation & legal notice, that there were persistent problems in the working within a month from purchase.
Respondent in a letter sent to complainant state that they committed to replace the device with a brand new device. It shows that Respondent admit that the machine was manufactured & sold by them to the complainant and there were some defects in machine.
Complaint saught permission (Ex.8) to show how the disputed machine is not working as per manual & is defective one. It was argued that no expert is available to give evidence regarding the defects in the machine as it was a unique machine & no one knows about its working. Forum allowed the application in the interest of Justice on 16.12.2014 & viewed the actual working of disputed machine on 02.01.2015 It was noticed that it is a massager with hands & legs attachment pads. In one operating mode machine was not working properly. No air is filled in the pads provided to give pressure & there by massage legs. There is a cello tape rounded to leg-pad. Forum made detailed observation on Ex.8 regarding the demo of machine.
The Respondents though served with a notice preferred to remain absent & thus did not challenge the evidence adduced by the complainant.
Thus from the above observations, we are of the opinion that complainant had proved her case that machine sold to her by the Respondent had many problems during the warranty period & thus it is defective one Respondent had showed their willingness to replace the machine. But it seems that Complainant had sent machine to Respondents for repairs near about 3 times at her own cost & irrespective of repairs machine did not work smoothly. Thus no proper after sale service is provided by Respondent. Under such circumstances, we think that instead of replacement it would be proper & just to direct the respondent that they should repay the cost of the machine to the complainant.
The respondent has committed deficiency in service by selling the defective machine to complainant, hence he is also liable to pay the compensation of Rs.3000/- & Rs 2,000/- as cost of the complaint.
Hence we pass following order.
Order
- The Respondent is directed to pay Rs. 24,000/- (In Words Rupees Twenty Four Thousand Only) to the complainant as cost of the machine within 60 days from the date of order. Failing which he is also liable for interest at the rate of 9 % per annum till final realization of amount.
- The complainant is directed to return the machine at her cost to the Respondent within 15 days from the date, she receives above said amount.
- The Respondent is directed to pay Rs.3,000/- (In words Rupees Three Thousand Only) towards compensation & Rs 2,000/- (In Words Rupees Two Thousand Only) towards cost of the Complaint.
