Date of Filing:24.03.2010<br /> Date of Order: 07.08.2010<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 7TH DAY OF AUGUST 2010<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> COMPLAINT NO: 632 OF 2010 <br /> <br /> <br /> Mr. Raghunath.K.R. <br /> 971, II Floor, 17th Cross,<br /> Chandra Layout I Stage, I Phase,<br /> Bangalore-72.<br /> At present R/at No.28/18, 19th Main,<br /> M.C.Layout, Vijayanagar,<br /> Bangalore-40. Complainant<br /> <br /> V/S<br /> <br /> 1.IFB Industries Ltd.,<br /> Home Appliances Division,<br /> No.17, Vishweshwariah Indl. Estate off.,<br /> Whitefield Road, Mahadevapura Post,<br /> Bangalore-560048.<br /> <br /> 2.IFB Industries Ltd.,<br /> Home Appliances Division,<br /> Plot No.IND5 Sector 1,<br /> East Calcutta Townshipl, Kolkata, <br /> West Bengal-700107.<br /> <br /> 3.Supreme Global Services <br /> (Authorised Service Franchisee for IFB)<br /> No.1003, Dr. Rajkumar Road,<br /> 4th Block, Rajajinagar,<br /> Bangalore-560010. Opposite parties<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant, that he had purchased IFB Digital 6 Kg Washing machine worth Rs.24,200/- on 6-01-2008 in Pai International Electronics Ltd, Vijayanagar, Bangalore. Basic warranty is for 2 years. Warranty can be extended by every year on paying an amount of Rs.2,647/-. The opposite party No.3 is the authorized service center for op No.1. On 5-2-2010, the service engineer replaced mother board by charging an amount of Rs.2,783/-. Warranty was extended until 4-2-2011 by paying Rs.2,647/-. During the shifting of house, the washing machine has to be locked by the service engineer. After 20 follow ups, the senior service engineer locked the washing machine on the day of shift. The opposite parties executives and Supreme Global services Manager / Teams speak rudely. The complainant is under lot of mental pressure which is affecting his personal life. Therefore, the complainant prayed to repair or replacement of washing machine or refund of Rs.28,649/-.<br /> 2. The opposite parties No.1 & 2 have filed defense version, stating that when the service engineer went to inspect the washing machine, unfortunately the complainant did not even open the door nor permitted him to inspect the machine. The executives speak rudely etc, are all false and denied. Whenever a complaint is received from any customer, the same is attended to promptly. The opposite party No.1 & 2 submitted that they are ready and willing to rectify any problem in the dishwasher and hand it over to the complainant and as such he can not claim refund of the money paid or for replacement of the washing machine. The opposite party No.3 though served with notice has not chosen to appear before this Fora and he has been placed ex-parte. <br /> <br /> 3. Arguments are heard. Perused the complaint and documents. <br /> 4. In the light of the arguments advanced by the learned Advocates for the respective parties, the following points arise for consideration:-<br /> <br /> 1. Whether the complainant has proved deficiency of service on the part of the opposite parties?<br /> 2. Whether the complainant is entitled for relief of repair subject washing machine?<br /> 3. What order and relief?<br /> <br /> REASONS<br /> 5. It is an admitted case of the parties that the complainant had purchase IFB Digital 6 kg washing machine from Pai International Electronics Ltd., on 6-1-2008, on payment of RS.24,200/-. The complainant had entered in to AMC contract with the opposite parties by paying Rs.2,647/-. The said AMC covered and commenced from 5-2-2010 and expire date is 4-2-2011. The complainant has produced invoice cum receipt for AMC / EXT WTY. The opposite party No.3 Supreme Global Services is authorized service Franchise for IFB. The complainant has produced invoice cum receipts of opposite party No.3. The opposite parties have under taken that they are ready and willing to rectify any problem in the washing machine and attend the problem faced and handover the machine to the complainant. The opposite parties have also taken defense when the service engineer went to inspect the machine the complainant did not permit him to inspect the machine. So under this circumstances the opposite parties in their defense have clearly admitted and given undertaking that even now they are ready and willing by all means to rectify any problem found in the washing machine. So this undertaking and commitment by the opposite parties is quite sufficient to meet the requirement of the complainant. The opposite parties are duty bound to attend to the problems immediately since they have entered into Annual Maintenance Contract with the complainant. The complainant prayed that the opposite parties be directed to repair the washing machine, this prayer is quite, just fair and reasonable. The complainant is definitely entitled the service or repairs from the opposite parties. The opposite parties should see that joy of the complainant while purchasing the machine shall continue even after the purchase of the product. The consumer satisfaction is most important in this age of competition. The service provider should see that no complaints are received from the customers, either in respect of product, the quality and the service. The Consumer Protection Act protects the better interest of the consumers. The complainant here in being a consumer under a CP Act, 1986 his interest requires to be protected by this Fora by order the opposite parties to attend any problem faced by the complainant in respect of the product purchased by him i.e., IFB Digital 6 kg washing machine. In the result, I proceed to pass the following:- <br /> ORDER<br /> <br /> 6. The complaint is allowed. The opposite parties are directed to repair and rectify any defect or problem faced by the complainant in respect of IFB Digital 6 kg washing machine during the period of AMC / EXT WTY to the satisfaction of the complainant. <br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> 8. Pronounced in the Open Forum on this 7th DAY OF AUGUST 2010. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings <br /> <br /> MEMBER MEMBER <br /> <br />