BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT

SRI.  P.V. JAYARAJAN                              : PRESIDENT

SMT. PREETHA G. NAIR                           : MEMBER

SRI. VIJU  V.R.                                             : MEMBER

C.C.No. 292/2021 Filed on 06/10/2021

ORDER DATED: 28/02/2022

ORDER

SRI.P.V. JAYARAJAN, PRESIDENT: 

This is a complaint filed under section 35 of Consumer Protection Act 2019 and the matter stood over to this date for consideration.After hearing the matter the commission passed an order as follows:

1. The case of the complainant is that the complainant is occupying the residential building namely Gowrisankaram at rental basis.  On the request of the complainant the land lord of the building permitted and allowed to use the electrical appliances including a washing machine.  The complainant further submitted that ONIDA FAWM W60FSP1WH FRONT LOAD 6 kg washing machine manufactured by the opposite party No.1 developed certain defects and stopped working and immediately a service request was made to the opposite parties and in pursuant to that, service team of the opposite party inspected the washing machine and collected Rs.300/- from the complainant as inspection charges.  After inspection it was informed that the defect was due to the E card and pressure Switch which had to be replaced and the cost of replacement was Rs.6950/-.  The complainant then agreed to pay the said sum of Rs.6950/- towards the replacement of the defective units above mentioned.  Thereafter there was no response from the opposite parties till the legal notice dated 26/11/2020 was sent to the opposite parties. According to the complainant the failure on the part of the opposite parties to cure the defects amounts to deficiency in service.  According to the complainant, the complainant is entitled for compensation from the opposite parties for the mental agony and financial loss suffered by the complainant.  Hence the complaint approached this Commission for redressing her grievances.
2. After admitting the complaint notice was issued to the opposite parties.  Though the notice was accepted by the opposite parties, they failed to appear before this Commission on the date posted for the same and hence this Commission declared the opposite parties 1 and 2 as ex parte.

3. Evidence in this case consists of PW1 and Ext.A1 to A3 on the side of the complainant.The opposite parties being declared ex parte, there is no oral or documentary evidence from the side of the opposite parties.

4. Points to be considered:

1. Whether there is any deficiency in service and unfair trade practice on the part of the Opposite Parties?
2. Whether the complainant is entitle to the relief claimed in the complaint?
3. Order as to cost?

5. Heard.  Perused records. To establish the case of the complainant, the complainant sworn an affidavit as PW1 and Exts.A1 to A3 marked.  Ext.A1 is the copy of the invoice dated 13/09/2017.  Ext.A2 is the copy of the legal notice issued to the opposite party on behalf of the complainant.  Ext.A3 is the copy of the reply notice dated 27/11/2020.  In the absence of any contra evidence from the side of the opposite party, the evidence adduced by the complainant is unchallenged.  In the above circumstances we accept the evidence adduced by the complainant, in the absence of any contra evidence from the side of the opposite parties.  By swearing an affidavit as PW1 and by producing and marking Ext.A1 to A3, we find that the complainant has succeeded in establishing her case against the opposite parties.  Hence we find that this is a fit case to be allowed.  We find that there is deficiency in service on the part of the opposite parties.  Hence opposite parties are liable to compensate the mental agony and financial loss suffered by the complainant. 
6. In the result the complaint is partly allowed.  The opposite parties 1 and 2 are jointly and severally directed to pay a sum of Rs.10,000/- (Rupees Ten Thousand Only) as compensation along with Rs. 2,500/- (Rupees Two Thousand Five Hundred Only) being the cost of this proceedings to the complainant within 30 days from the date of receipt of this order, failing which the amount except cost shall carry an interest @ 9% p.a from the date of order till the date of realization/remittance. 

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 Court, this the 28^th  day of February,  2022.

C.C. No. 292/2021

APPENDIX

1. COMPLAINANT’S WITNESS:

2. COMPLAINANT’S DOCUMENTS:

3. OPPOSITE PARTY’S WITNESS:

4. OPPOSITE PARTY’S DOCUMENTS:    NIL

   Sd/-

                                                                                                                    PRESIDENT