BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
VAZHUTHACAUD : THIRUVANANTHAPURAM
PRESENT
SHRI. G. SIVAPRASAD : PRESIDENT
SMT. SATHI. R : MEMBER
SMT. LIJU B. NAIR : MEMBER
C.C.No: 160/2012 filed on 26/05/2012
Dated: 15..10..2013
Complainant:
Arun Kumar Garg, 49/20 Arjan Tower, Chitralekha Complex, Akkulam.
(Party in person)
Opposite party:
IFB Industries Limited, 36/1923, Sebastian Road, Kaloor, Kochi.
(By Adv. S. Reghukumar)
This O.P having been heard on 09..10..2013, the Forum on 15..10..2013 delivered the following:
ORDER
SHRI. G. SIVAPRASAD, PRESIDENT:
The facts leading to filing of the complaint are that complainant purchased a Washing Machine Senator IFB, which is not working properly since June 2011, that at that time there was valid AMC, that though complainant lodged a complaint in June 2011, initially nobody from the side of the opposite party, IFB Industries Ltd, Kochin came to attend the complaint, nor was there any response from them even after repeated complaints and at last opposite party sent a person who checked the machine and told him that the said AMC was expired and hence sought money for repair of the machine. Hence this complaint seeking compensation and cost.
2. The opposite party, on being served, entered appearance and filed its version contending inter alia that complaint is not maintainable either in law or on facts, that the complainant has suppressed the vital information regarding his Washing Machine that complainant purchased the said machine on 16/05/2003, the warranty for the Washing Machine was only 2 years and the warranty had expired on 14/05/2005, that the annual maintenance contract for one year taken by the complainant had expired in July 2011, that during AMC period opposite party had attended the old Washing Machine and carried out the necessary services free of cost, that when complainant reported service requirements beyond the AMC period, complainant was asked to pay service charges, that on receipt of the notice from this Forum, the authorised officer of the opposite party attended the grievances of the complainant and as a goodwill gesture attended the service requirement of replacement of the three way valve and further AMC was extended for one year free of cost from 18/8/2012, that the said goodwill gesture was extended by the opposite party on the specific promise that complainant will withdraw the consumer complaint forthwith, these being the true facts, the contrary allegations raised in the complaint are absolutely false. Hence opposite party prayed for dismissal of the complaint.
3. The points that arise for consideration are:
- Whether there has been deficiency in service on the part of the opposite party?
- Whether the complainant is entitled to any of the reliefs as prayed for?
In support of the complaint, complainant has filed proof affidavit and has marked Ext. P1.
4. Points (i) & (ii): It has been averred in the affidavit that complainant had purchased the Washing machine Senator IFB, 6kg on 19/07/2006 and that the machine came with 2 years warranty. It has also been the case of the complainant that the complainant opted for extended warranty for two year by paying additional amount thereby warranty extended to July 2010. Thereafter AMC was given on payment of Rs. 1876/- and the same was valid till 13 July 2011. Opposite party denied the same stating that the said machine was purchased by the complainant through Canteen Stores Department on 16/05/2003, and the warranty given for the Washing machine is only 2 year and hence the warranty had expired on 14/05/2005 and the AMC for one year taken by the complainant for his 10 year old machine had expired on July 2011. When complainant reported the service requirements beyond the AMC period, complainant was asked to pay the service charges. Complainant has led evidence by his oral testimony and Ext. P1. Complainant has been cross examined by the opposite party. During cross examination complainant admitted that AMC was taken from the opposite party on 19/07/2010. Ext. P1 is the copy of the invoice-cum-receipt dated 19/07/2010. As per Ext. P1 AMC is for the period from 19/07/2010 to 18/07/2011. Though complainant agreed to furnish the document showing the date of purchase of the Washing Machine, the same has not been furnished. During cross examination when asked as to how much did he pay for AMC, complainant was not sure about it. Further complainant has admitted during cross examination that this complaint has been filed after the AMC period. Further complainant admitted that service personnel of opposite party attended Washing Machine before institution of this complaint. Further complainant admitted that after institution of this complaint also the service personnel of opposite party attended the Washing machine. During cross examination complainant also admitted that opposite party replaced 3 way valve free of cost. Complainant also admitted that after replacing the said 3 way valve Washing machine is working perfectly. Complainant has not furnished the original invoice showing the date of purchase. According to complainant, replacement of 3 way valve as well as free extension of AMC was given by the opposite party and now the Washing machine is working perfectly. Taking the overall situation we deem that justice is well met by the action of the opposite party. There is no material on record to attribute any deficiency on the part of the opposite party. Hence complaint deserves to be dismissed.
In the result, complaint is dismissed. Parties shall bear and suffer their respective cost.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 15th day of October 2013.
Sd/- G. SIVAPRASAD : PRESIDENT
Sd/- R. SATHI : MEMBER
Ad. Sd/- LIJU B. NAIR : MEMBER
C.C.No: 160/2012
APPENDIX
I. Complainant’s documents:
P1 : Copy of the invoice-cum-receipt dated
19/07/2010 issued by opposite party
II.Complainant’s witness:
PW1 : A.K. Garg
III.Opposite party’s documents : N I L
IV.Opposite party’s witness : N I L
Sd/-
PRESIDENT
