cccccPBEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 30th day of April 2013
Filed on : 07/09/2012
Present :
Shri. A Rajesh, President.
C.C. No. 543/2012
Between
Silvia Kurian : Complainant
Veliyathu house, (By Adv. Tom Joseph, Court road,
ThrikkalathoorP.O., Muvattupuzha. Muvattupuzha)
And
IFB Industries Ltd., : Opposite party
36/1923, Sebastian road, (Absent)
Kaloor, Kochi-17.
O R D E R
A Rajesh, President.
The undisputed facts of the complainant’s case are as follows:
The complainant entered into an annual maintenance contract with the opposite party for 2 years with respect to her washing machine by paying Rs. 4,268/-. As per the AMC the opposite party has to rectify the defects of the machine during the
AMC period. While so the machine went out of order on 20-08-2012. A complaint was registered with the opposite party. Since there was no response, another complaint was registered. On receipt of the second complaint a technician inspected the machine at the instance of the opposite party. The technician told that the parts are not available with them to rectify the defects. On enquiry the complainant came to know that the parts are available. The above conduct of the opposite party amounts to deficiency in their service. The complainant is entitled to get the machine repaired together with a compensation of Rs. 10,000/-. This complaint hence.
2. Despite service of notice from this Forum the opposite party did not respond. No oral evidence was adduced by the complainant. Proof affidavit has been filed by the complainant. Exts. A1 and A2 were marked. Heard the counsel for the complainant.
3. The points that came up for consideration are as follows:
i. Whether the complainant is entitled to get the defects of the
washing machine repaired within the AMC?
ii. Whether the complainant is entitled to get a compensation of
Rs. 10,000/- from the opposite party?
4. Point No.i. Ext. A2 is the annual maintenance contract entered into between the complainant and the opposite party with respect to the IFB washing machine dated 06-08-2011. As per Ext. A2 the maintenance contract is valid from 06-08-2011 to 05-08-2013. In furtherance of Ext. A2 AMC the opposite party collected Rs. 4,268/- evidenced by Ext. A1 receipt dated 06-08-2011. As per the terms and conditions in Ext. A2 the opposite party is contractually and legally liable to rectify the defects if any of the complainants washing machine. According to the complainant in spite of repeated requests the opposite party failed to comply with the terms and conditions in Ext. A2. Nothing is forthcoming on the part of the opposite party for the non-compliance of the terms and conditions in Ext. A2. The above conduct of the opposite party amounts to deficiency in their service squarely. In the above circumstances this Forum has no hesitation to hold that the opposite party is liable to rectify the defects of the washing machine to make it in working condition.
5. Point No. ii. According to the complainant on 20-08-2012 she intimated the defects of the machine to the opposite party, but the same fell on deaf ears. In short during this period the complainant was not in a position to use the machine for her day to day affairs only due to the deficiency in service on the part of the opposite party which calls for compensation and costs of the proceedings, this Forum fixes it at Rs. 5,000/-.
6. In the result, the complaint is partly allowed and direct as follows:
i. The opposite party shall rectify the defects of the washing machine after taking possession of the same from the complainant at their cost return the rectified machine likewise.
ii. The opposite party shall also pay Rs. 5,000/- with 12% interest towards compensation and costs of the proceedings.
The above said order shall be complied with within 30 days from the date of receipt of a copy of this order failing which the above amount shall carry interest @ 12% p.a. till realization.
Pronounced in the open Forum on this the 30th day of April 2013
Sd/-
A Rajesh, President.
Forwarded/By Order,
Senior Superintendent.
Appendix
Complainant’s exhibits :
Ext. A1 : Copy of bill dt. 06/08/2011
A2 : Copy of annual maintenance
contract
Opposite party’s Exhibits : : Nil
