Kerala

Idukki

CC/65/2019

Swarup Joseph - Complainant(s)

Versus

Bismi appliances - Opp.Party(s)

Pradeep kumar

27 Sep 2019

ORDER

DATE OF FILING : 26.3.2019

IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 27^th day of September, 2019

Present :

SRI. S. GOPAKUMAR PRESIDENT

SMT. ASAMOL. P MEMBER

CC NO.65/2019

Between

Complainant : Swaroop Joseph,

Thakarappillil House,

Vazhakkulam P.O.,

Muvattupuzha, Ernakulam.

(By Adv: K.M. Sanu)

And

Opposite Parties : 1. The Manager,

Bismi Appliances,

Kalarickal Bazar,

Pala Road, Thodupuzha,

Thodupuzha P.O., Idukki.

2. The Manager,

Tec Care India Pvt. Ltd.,

Kandathil Building,

Karshaka Road, Ernakulam.

3. The Managing Director,

Electrolux Head Office,

PE Electronics Ltd., Corporate Centre,

5^th Floor, Andheri, Kurla Road,

Andheri East, Mumbai – 400 059.

O R D E R

SMT. ASAMOL. P, MEMBER

 

Case of the complainant is that :

 

On 4.4.2017, the complainant purchased a washing machine worth Rs.13000/- of 'Electrolux WM ET62 ENE MR'. The machine was delivered and connected on 5.4.2017 at the house of complainant by first opposite party. At the time of purchase, the 1^st opposite party agreed that the machine has high quality, long term use and long term service along with 2 year warranty. But after one and half year, the machine became defective and the complainant informed the 1^st opposite party about the defect and regarding that the 1^st opposite party registered the complaint to the company. As per that, the technician came and inspected the machine and he said that board is defective. But opposite parties did not take any steps for curing the defect of the machine

(cont......2)

- 2 -

till the date. It is unfair trade practice and deficiency in service on the part of opposite parties. So they are liable to replace the machine or refund the price of the machine and also compensate the damages and hardships suffered by the complainant.

 

Evenafter the acceptance of notice, opposite parties failed to appear before the Forum and hence made exparte.

 

Complainant adduced evidence by documents which is marked as Ext.P1. Ext.P1 is the original bill from opposite party.

 

The POINT:- We have heard the counsel for the complainant and have perused the evidence on records. It is an admitted fact that the machine in question is damaged in its warranty period and opposite parties are liable to cure the defect to the satisfaction of the complainant or else replace it to a new one or refund the purchase amount to the complainant. None of the allegations against the opposite parties are challenged by them.

 

Hence the Forum is of a considered view that, the averments in the complaint is believable and hence the complaint allowed. 3^rd Opposite party is directed to refund the price of the product and 1^st opposite party is directed to pay cost of Rs.1000/- to the complainant, within 30 days from the receipt of a copy of this order, failing which the amount shall carry 12% interest per annum from the date of default, till its realisation.

 

Pronounced in the Open Forum on this the 27^th day of September, 2019

Sd/-

SMT. ASAMOL. P, MEMBER

Sd/-

SRI. S. GOPAKUMAR, PRESIDENT

 

APPENDIX

Depositions :

Nil.

Exhibits :

On the side of the Complainant :

Ext.P1 - original bill from opposite party.

On the side of the Opposite Party : Forwarded by Order,

Nil.

 

SENIOR SUPERINTENDENT