Case No.CC/324/2013

Date of Institution:-03.05.2013

Order Reserved on :-01.04.2024

           Date of Order :-13.05.2024      

IN THE MATTER OF:

Mr. Shammi

S/o Sh. Bhagwan Das,

R/o C-6A/6A,

Janakpuri, New Delhi – 110058.

          …..Complainant

VERSUS

1. Balaji Electronics

RZ-2, Syndicate Enclave,

Dabri More (Opp. C-3, Janakpuri)

Pankha Road, New Delhi – 110045.

Presently at :

Shop No. 4 and 5, Plot No.34 and 35,

Block-A, Dabri Extension,

New Delhi – 110045.

2. IFB Industries

D-60, Pocket-A,

Okhla Industrial Area,

New Delhi – 110020.

..…Opposite Parties

O R D E R

Per R. C. YADAV , MEMBER

1. Brief facts of the case are that the complainant has purchased fully automatic washing machine from OP-1 for a sum of Rs.28,040/- (Rupees Twenty Eight Thousand Forty) with 4 years warranty.  It is alleged by the complainant that since of its installation at his house it did not work satisfactorily and properly.  The complainant had lodged a complaint with OP on 17.01.2012, where upon the problem of the motor of washing machine was repaired but again it occurred.   The complainant has again lodged a complaint in March, 2012, the technician of the OP has visited the house of the complainant and took away the motor of the machine, the machine remained open till May, 2012.  Washing machine was redeveloped the problem in June, 2012 and a technician of IFB Industries/OP-2 took away the drum of the machine and machine was remained open till July, 2012.  The complainant has informed the IFB Industries for repair of his machine but the machine was not repaired satisfactorily. Alleging deficiency in service and negligence on the part of the OPs., the Complainant filed this complaint before this Forum under Section 12 of the Consumer Protection Act, 1986 on 03.05.2013 and prayed for refund of the cost of the machine plus interest and Rs.10,000/- as compensation for harassment.
2. Notice of complaint was served to OP. But OP did not attend the proceedings and was proceeded Ex-Parte vide order dated 23.12.2013 for OP-1. The OP-1 preferred an appeal before the Hon’ble State Commission against the order dated 12.09.2019 and the Hon’ble State Commission has set aside the Ex-parte judgment and remanded back to this Commission for re-deciding the same after join the manufacturer IFB Industries as OP-2.  So, notice was served to OP-2 but OP-2 did not join the proceedings and was proceeded Ex-Parte vide order dated 07.10.2022. The OP-1 has not been appeared despite several opportunities and hence the OP-1 was proceeded again Ex-Parte vide order dated 04.05.2023.
3. The complainant has filed affidavit in Ex-Parte evidence alongwith written arguments in support of his case.
4. We have carefully considered the material on record and thoroughly.
5. The complainant in his own testimony has deposed to the entire facts as stated by him in his complaint.  OPs being Ex-Parte have not refuted the allegations made in the complaint and we find no reason to disbelieve the sworn testimony of the complainant which is reiteration and re-ascertain of his allegations made in the complaint.
6. On 01.04.2024, the case was listed for arguments, OPs are Ex-Parte, we have heard arguments from complainant and the case was reserved for order.
7. The culminating effect of the material on record is that OPs are guilty of deficiency in service and hence liable to refund the price of the washing machine which did not work satisfactorily since after it was sold by the OP and installed at the house of complainant.
8. Accordingly, we allow the complaint of the complainant and direct the OP-1 and OP-2 jointly or severally to refund Rs.28,040/- (Rupees Twenty Eight Thousand Forty)to the complainant alongwth Rs.10,000/- (Rupees Ten Thousand) as lumpsum for harassment including cost of litigation within 45 days from the date of receipt of order failing which OP shall be liable to pay entire amount alongwith interest @ 9% p.a. till realization.

• Copy of the order be given/sent to the parties as per rule.
• The file be consigned to Record Room.
• Announce in the open Court on 13.05.2024.