MR LAXMI NARAYAN PADHI, PRESIDENT… The fact of case is that, the Complainant procured a Washing Machine on dated 29.09.2009 & a Micro oven on dt.27.10.2009 from Laxmi Traders, Nabarangpur and both were warranty of 2 years and now the units are at out of warranty. He contended that the said washing machine reported problems since six months and despite repeated approaches over phone the OP.s did not pay any heed to his request. Hence the complainant intimated the OP.1 customer care on dt.23.4.16 who assured that the local service technician will visit the house of complainant and will mend the machine but for no action. He further contends that, the OP.s send a message that, on 25.5.16 the technician named Mutlub Ali Khan moved to the house of complainant but the door was locked, hence the OP.s unable to repair the set, but all the pleas are self explanatory and false. The complainant being aged of 67 years neither leave his house nor locked any point of time round the year. Hence the complainant submitted that, though the product has no warranty at present but the OP shall have render paid service to the machine in question. So the action of OP.s showing unfair and illegal, which amounts to deficiency in service. Hence he prayed before the forum to allow a total sum of Rs.2,00,000/- as compensation, cost etc.
2. On the other hand the OP.1 entered his appearance through A/A and filed counter version on dt.08.07.16 and stated that the complainant lodged a complaint on dt.23.4.16 vide complaint no.548794 for defect in washing machine model no. GWS 620 FS and on receipt of complaint the OP has deputed his technician on 25.4.16 and on inspection he found that, the said machine was in precarious condition, body was fully rusted and detached from the base, mechanical assembly, spin motor, spin lid and spring are out of order, hence the technician had given an estimate for Rs.2521/- for washing machine and Rs.2200/- for microwave oven for replacement of the above said components and also he advised the complainant to replace a new one for his domestic use. Further the OP.s intimated the complainant about the estimate but the complainant did not response to their estimate cost and filed the present sue with malafide intention. Hence there is no deficiency in service on the part of OP.1, so he prayed to dismiss the case in the ends of justice.
3. However the complainant has filed copy of relevant documents along with affidavit in support to his claim. The A/A for OP.1 has filed his counter and a copy of job sheet dt.23.4.16 without affirm any affidavit. The complainant present at hearing and heard the case at length and perused the record.
3. The consumer protection act is a socio economic beneficial law, intended for speedy delivery of justice to the aggrieved and needy consumers and every complaint is supposed to be disposed off within a timeframe in consonance with the objects of the benevolent legislature, but inordinate delay in procurement of evidences and counter by the parties have emerged for reaching delirium to achievement of such objects.
4. From the above transactions, it is found that the complainant has procured the so called washing machine on dt.29.09.2009 and microwave oven on dt.27.10.2009 by paying Rs.7001/- & Rs.8001/- from one M/s Laxmi Traders, Nabarangpur and the same reported defect out of warranty period. The complainant being 67 years age old person complained the OP.s for necessary repair on out warranty service but the OP.s deputed their service technician after a long correspondence of 25 calls and messages in different dates and times. It is seen that despite repeated persuasions in different angles, the OP.s refused to attend the house of complainant in dilly dallying tactics. Sometimes the OP.s taken pleas of door lock and sometimes they designed estimate cost etc, but did not endeavored to render any service to the defective product of complainant. No doubt the said units were purchased during the year 2009 and there has no warranty covers at present, but the OP.s should have attend and repair the product in question on paid basis. Though the OP.1 has filed his counter in the case but failed to file any affidavit in support of his claim and they also failed to prove their claim. Hence it is evident that, the OP.s neither attend the house of the complainant nor rectified the defects on out warranty basis and kept the complainant in dark implementing high hand and arbitrary actions, which is nothing but illegal and against the policy of resjudicata. As thus the complainant sustained mental agony with the defective set, and also inflicted great mental agony and valuable times due to the negligence and unfair practices of OP.s, hence under compulsion the complainant craves the leave of this forum and filed the instant case and prayed for compensation.
5. It is further noticed that, despite service of notice of this forum none of the OP.s took any initiations to settle the matter of complainant. It is also seen that, the OP.1 being a largest electronic hub ignoring law of the land did not concentrate to its service wing with lenient manner, and the whole transactions clear indicating arbitrary, highhanded actions, hence illegal which also amounts to deficiency in service, hence found guilty under the provisions of sec. 2(1)(g) of the C.P.Act 1986, as thus the complainant is entitled for compensatory relief. So we allowed the complaint against the OP.no.1 with cost.
O R D E R
i. The opposite party no.1 supra is hereby directed to pay Rs.5,000/-(Five thousand) as compensation which includes the cost of litigation to the complainant, for such deceptive practices, deficiency in service and willful negligence.
ii. All the above directions shall be complied with in 30 days of this order, failing which, the total sum will bear 12% interest per annum till its realization. Pronounced on 31th day of Aug' 2016.
Sd/- Sd/-
MEMBER PRESIDENT, DCDRF,
NABARANGPUR.
