Complainant:
K.G. Naik
277, 1st Floor, 52nd Cross
7th Main, 4th Block
Rajajinagar
Bangalore- 560 010
/vs/
Opposite Parties:
1.The Chief Executive
IFB Industries Limited
Plot No.IND-5, Sector1
East Kolkata Township
Kolkatta - 700 078
2.The Branch Manager
IFB Industries Limited
16/17, Vishveswaraiah
Industrial Estate
Off White Field Road
Mahadevapura Post
Bangalore- 560 048
(Local Office of IFB Industries Ltd.,)
O R D E R
SRI. G. SIDDANAGOUD, PRESIDENT:
This is a complaint filed by the complainant under section 12 of the Consumer Protection Act, 1986 against the Opposite parties (Ops in short) for the refund of the amount of Rs.19,900/- with damages of Rs.50,000/-, costs and for such other reliefs.
The brief facts of the case are that complainant bought a fully automatic front-loading IFB make “Elite” washing machine on 07/04/2007 from M/s. Balaji Electronics, No.23/A, 1st N Block, Rajajinagar, Bangalore-10, an authorized dealer for IFB products. The washing machine was delivered to us on 08/04/2007. The washing machine has two years warranty, valid upto 07/04/2009. From the day the washing was first used, observed that the wash quality was not satisfactory and complainant lodged my first complaint on 14/05/2007, for unsatisfactory wash quality, on IFB’s toll free complaints telephone number 18604255678 and the complaint number is 905820. The complainants have lodged over 25 complaints with the Company over this telephone number so far. As the complaints were not attended to, he had to call numerous alternate numbers, and total calls made during the year is much beyond 1000. The telephone numbers called are 18604255678 (Complaints), 41277425, 18069908697, 9980019147, 09343706848, 9341490580, 9341929394, 30585164 etc., He also made written complaints to the Company on 20/05/2007, 02/02/2008 and 18/06/2008. The Company did not respond to any of these complaints till date.
The washing machine Elite do not clean the clothes properly and the clothes have now acquired a coat of pale brown/pink colour, because of improper cleaning. The clothes are not getting rinsed properly and jeans pants do not even get soaked properly. At times he find muddy patches on the washed clothes. Now complainant forced to get white banians washes manually. As compared to earlier washing machines which he had used, in Elite he use special detergent power “Surf Excel Matic”, which is costlier, use hot water/prewash process, thus incurring higher electricity cost but the wash quality is much worse as compared to the earlier washing machines. In fact, representatives of IFB Industries Ltd., took the machine to their premises for repair on 23/07/2007 and returned it on 31/07/2007. The Company was not able to rectify the defect. They also did not adduce any reason for poor performance of the washing machine.
The Branch Manager IFB Industries, Bangalore Mr. Raj, informed the complainant that the technology used in front loading is different from top loading and wash quality cannot be compared. Page 6 of the operating manual list out the advantages of tumble wash process, which is in use in the front loading washing machines, indicating that this is a superior technology. The front-lading washing machines, indicating that this is a superior technology. The float-lading washing machines are also priced more. However the wash quality, which he get, is much worse and unsatisfactory. The complainant had requested the Company by letter dated 18/06/2008, sent by Registered Post A/D, for full refund of the purchase price of Elite washing machine of Rs.19,900/- and take back the machine, which the Company did not act upon nor bothered to reply. The complainant suffered a lot at the hands of the Company, lost much valuable time in calling the Company and lodging numerous complaints, spent money on telephone calls, posts, higher electricity bills, under gone mental agony and physical labour to wash the clothes manually. Hence the complainant approached this forum.
Ops appeared through their counsel, filed their version and also gave evidence by way of affidavit. Complainant gave his evidence by way of affidavit. Both parties submitted their written arguments and complainant produced one bermuda.
The main contention of the complainant that the machine did not gave a satisfactory washing quality. The washed clothes become pale pink. The learned counsel for OP submitted that the question of wash quality is a matter of person satisfaction and it varies from person to person. The learned counsel further submitted that it is personal opinion of the complainant and he has not produced any prove or expert evidence. The material which was produced before this forum was not demonstrate before any other expert and the said material itself is an old one and the colour was also faddy for which washing machine can not be held responsible.
It is not the case of the complainant that there is a manufacturing defect in the washing machine. The complainant has not produced any evidence of technician or expert before this forum to show that the clothes which were washed in the washing machine were not properly cleaning due to mistake in the washing machine. In the absence of specific evidence by the complainant it can not be held that there is defect in the washing machine. When we peruse the pleadings of the OP and the written arguments of learned counsel for OP they have clearly admitted that they are willing to repair the washing machine if there is a defect in it. But the complainant himself is not permitting them to inspect the machine.
In view of the undertaking made by the OP, we are of the opinion and pass the following order.
O R D E R
Complaint is allowed. Opposite party is directed to examine the washing machine and to rectify the defects if any on free of cost within 40 days from the date of this order.


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