Date of Filing:13.10.2008<br /> Date of Order:30.01.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 30TH DAY OF JANUARY 2009<br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> <br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> COMPLAINT NO: 2212 OF 2008<br /> <br /> B.R. Satish Chandra<br /> # 648, 11th Main, 8th Cross<br /> Coffee Board Layout<br /> Hebbal Kempapura<br /> Bangalore 560 024 Complainant<br /> <br /> V/S<br /> 1. Whirlpool of India Ltd.<br /> Corporate Office A-8, Vaitalik<br /> USO Road, Qutab Industrial Area<br /> New Delhi 110 067<br /> <br /> 2. Whirlpool of India Ltd.<br /> Survey No. 3/3, P.V. Shetty Warehouse<br /> Shed No. 5, 6 & 7, Pattanagere<br /> Rajarajeshwarinagar<br /> Bangalore 560 098<br /> <br /> 3. Pai International Electronics Ltd.<br /> No. 28/1A, 100 feet Road<br /> Indiranagar, Bangalore 560 038 Opposite Parties<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant seeking refund of Rs. 14,500/-. <br /> The facts of the case are that the complainant has purchased Whirlpool washing machine from the opposite parties on 30.12.2006. The Consumer Grievance complaint against opposite party company for defective washing machine was not responding. The complainant has purchased the Whirlpool washing machine from the opposite party No. 3 dealer. Since purchase there has been three complaints registered with the manufacturer and rectified two earlier complaints. The third complaint was made through the call center. After multiple calls to the call center no one from the company visited to check the machine and it is the case of the complainant that no company representative visited despite several calls. This shows their apathy towards problem. Therefore, the complainant claimed refund of Rs. 14,500/- along with compensation of Rs. 50,000/-.<br /> 2. Notice was issued to opposite parties. Opposite party No. 1 & 2 appeared through advocate and filed defence version and opposite party No. 3 though served with notice not appeared and therefore, he has placed exparte. <br /> 3. Parties have filed affidavit evidence.<br /> 4. Arguments are heard.<br /> 5. The points for consideration are:<br /> “1. Whether the complainant has proved deficiency in service on the part of the opposite parties?<br /> 2. Whether the complainant is entitled for the refund of the bill amount?”<br /> 6. The complainant has produced Tax Invoice, issued by opposite party No. 3 by Pai International Electronics Ltd. As per this Tax Invoice he has paid Rs. 14,500/- for purchase of Whirlpool washing machine. He has produced installation report. The opposite parties have admitted that the complainant has purchased the washing machine in question on 30.12.2006. It is also admitted by the opposite parties that machine is covered under warranty up to 29.12.08. It is also admitted fact that the complainant has filed the present complaint during warranty period only. It is also admitted by the opposite parties that the complainant has lodged and registered the complaint with the opposite parties and his complaint was attended and opposite parties have admitted that no money has been charged. Again second request of the customer was also attended on 25.07.2007 and Inlet valve was changed as there was heavy residue in the water and for that also no money was charged. The opposite parties also admitted that complainant has registered three complaints and the service partner of the opposite parties attended the same and 4th call has been registered and tub seal has been replaced and no money has been charged as machine was under warranty. As per the defence version it is very clear that the complainant has registered 3 – 4 complaints and informed about the defect in the machine and the opposite parties have also attended the complaints and rectified defects and still the complainant submitted that machine is giving trouble and is not working properly. Therefore, he has fed up with the machine functioning and he do not want to take more trouble in getting repairs on and often. The complainant requested that the opposite parties be directed to refund his amount, since the machine supplied by the opposite parties is defective and lot of trouble he has suffered on account of the defective product. The opposite party is a very reputed company. It is the duty and obligation of the company to supply defect free products to the customers. Customer satisfaction is the most important thing to be looked into by any service provider. A Consumer / customer is most important visitor in the premises of service provider. He is not dependent on the service provider. On the other hand service providers / company are dependent on him. Customer is considered to be king in the present democratic set up of country. Customer was the boss in the past is at present and will be in future. Consumer Protection Act is a mile stone in the history of socio economic legislation is directed towards achieving public benefit. The Act is social and benevolent legislation intended to protect better interests of the consumers. It attempts to remove the helplessness of consumer against powerful business house. The complainant wants refund of his bill amount. His request deserves to be allowed and accepted. The complainant has sought Rs. 50,000/- as compensation for mental agony etc. On the facts and circumstances of the case it is not a case to grant compensation. The ends of justice will be met in ordering refund of the bill amount. In the result I proceed to pass the following:<br /> ORDER<br /> <br /> 7. The Complaint is allowed. The opposite parties are jointly and severally directed to refund Rs. 14,500/- to the complainant within 30 days from the date of this order. In the event of non-compliance of the order within 30 days the above amount carries interest at 12% p.a. from the date of this order till payment / realisation. <br /> 8. The Complainant is also entitled for Rs. 1,000/- towards costs of the present proceedings from the opposite parties.<br /> 9. Send the copy of this Order to both the parties free of costs immediately. <br /> 10. Pronounced in the Open Forum on this 30TH DAY OF JANUARY 2009. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> <br /> MEMBER<br />