By: Smt. E.Ayishakutty, Member, (In-Charge of President)
Complainant purchased a Video con Semi-automatic washing machine from the dealer Kannankandy Fridge Centre Kondotty in Malappuram District on 31/05/2011 for Rs. 8000 with in a week complainant noticed leakage from the spinner tub. It was informed the dealer and after a few weeks he sent a mechanic to check the machine and repair the defect. The mechanic tried to stop the leakage using some kind of paste but still it persisted. Then the mechanic informed the complainant that the washing tube should be replaced, Complainant contacted the service center but no one turned up complainant continued to contact and call them again three months and five days. Opposite party's only reply was “no washing tubs available” the washing tub leakage is basically a manufacturing defect and a major one. Opposite party should have mented or replace it as the complainant pointed out to them in the very beginning of the purchase itself but opposite party refused to rectify the defect or replace the washing tub of the machine. Complainant lost his confidence in them. Therefore he filed this complaint before the Forum seeking redressal for his grievance.
Complainant prays to direct opposite party either refund the purchase price including the transportation charge or replace the washing Machine along with compensation.
Opposite party No1 and opposite party No2 filed version. They submitted that they are ready to clear the issue with in five working days and extent the warranty for 6 months.
Complainant filed affidavit and documents as evidence for his case Ext. A1 and A2 marked on the side of complainant . Sufficient time were given to opposite party for adduce evidence . Opposite party no counter affidavit filed. He also has not filed documents. No oral evidence adduced both sides.
Points for consideration:-
i Whether there is any deficiency on the part of opposite party.
ii If so what is the relief and cost.
Opposite party admitted the defect of the machine. Opposite party No1 and opposite party No2 in their version submit that they are ready to rectify the defect occurred to the alleged washing machine and they are ready to extent its warranty for 6 months. Complainant state in his affidavit that he contacted opposite party continuously to rectify the leakage of the washing tub, Once their mechanic came and tried to stop the leakage but couldn't stop the same. He advised the complainant to replace the washing tub but opposite party did not replace it . Their only replay was the washing tubs of the washing machine not available. Opposite party has no dispute upon the allegation of complainant that the washing tub of the alleged machine has leakage soon after its purchase. But opposite party prolonged the matter without solving the problem. It amount, deficiency of service on the part of opposite party.
Complainant purchased it on 31/05/2011, the defect occurred after one week of its purchase. The defect not rectified even though the complainant has been contacting him till the day. After filing the complaint before the Forum he came forward and in his version he offered rectification and extension of warranty. But complainant is not ready to it . He has lost his confidence upon opposite party. The service of the opposite party is not trustful to him. So the only solution to redress the grievance of the complainant is refund of the amount which he paid at the time of purchasing the machine. Hence we direct opposite party to refund the purchase price of the alleged machine Rs. 8000/- along with cost of Rs. 1000/-.
In the result the complaint is allowed and we direct opposite party jointly and severely to pay a sum of Rs. 8000/- to the complainant along with cost of Rs. 1000 with in 3 weeks from the date of receipt of copy of this order. On receipt of the amount complainant shall return the alleged washing machine to opposite party. No order for compensation
Dated this 5th day of December , 2012.
Sd/-
E. AYISHAKUTTY, MEMBER, (In-Charge of President)
Sd/-
MOHAMMED MUSTHAFA KOOTHRADAN, MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A2
Ext.A1 : Retail invoice, issued by 2nd opposite party dated, 31/05/2011
Ext.A2 : Warranty card issued by 2nd opposite party, dated, 31/05/2011
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
Sd/-
E. AYISHAKUTTY, MEMBER, (In-Charge of President)
Sd/-
MOHAMMED MUSTHAFA KOOTHRADAN,MEMBER
