Date of Filing: 22.12.2009<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 /> <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: 3035 OF 2009 <br /> <br /> <br /> Mr. Anthony Francis,<br /> No.168/a, New Railway Colony,<br /> Opp. Cantonment Railway Station,<br /> Vasanthnagar,<br /> Bangalore-52. Complainant<br /> <br /> V/S<br /> <br /> M/s. IFB Industries Ltd.,<br /> Home Appliances Division,<br /> No.17, Vishweshwaraiah Indl Estate,<br /> Off: Whitefield Road,<br /> Mahadevapura Post,<br /> Bangalore-48.<br /> Rep. by its Manager. Opposite party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed under Section 12 of the Consumer Protection Act, 1986.<br /> <br /> <br /> The brief facts of the case are that, the complainant had purchased washing machine and entered into AMC with the opposite party on 6-10-2008 for paying Rs.2,300/-. In February, 2009 the complainant and his family experienced electric shock while using the washing machine. There was also water leakage on machine. The programmer was not working properly. He lodged complaint with the opposite party on 11-2-2009. But no body from the opposite party visited the complainant’s house. Again the complainant lodged his complaint on 5-3-2009 to the opposite party, but no body attended the repairs of the machine. Thus, the opposite party committed breach of AMC and deficiency of service. The legal notice was sent to the opposite party, notice not replied, the opposite party failed in its obligation. Therefore, the complainant prayed that opposite party be directed to effect repairs to the washing machine and also award compensation of Rs.50,000/- for deficiency of service. <br /> 2. The opposite party files defense version, admitting that the complainant had taken AMC from the opposite party. The opposite party also admitted the complainant had lodged the complaint with the opposite party. The opposite party technicians visited the house of the complainant. The opposite party also admitted the receipt of 2nd complaint. At the time of also opposite party technicians visited the complainant’s house on 7-3-2009. The complainant arranges for water connection to the in-let of the washing machine, the problem of water leakage could be easily rectified by the opposite party. The opposite party is ready to rectify the problem even also. <br /> <br /> 3. The respective parties have filed affidavit evidence. 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 /> <br /> <br /> <br /> 1. Whether the complainant has proved deficiency of service on the part of the opposite party?<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. The complainant has produced invoice cum receipt of AMC / EXT WTY the warranty commenced on 6-10-2008 and expires on 5-10-2009. The complainant has paid Rs.2,300/- for the opposite party for one year AMC. The complainant also produced AMC form and the terms and conditions, from this document also it is clear that he has paid Rs.2,300/-to the opposite party towards AMC. The complainant has produced legal notice sent to the opposite party and he has also produced postal acknowledgment to show the notice was served with opposite party. The opposite party has not sent any reply to the legal notice even, though the notice had been received by the opposite party. This indifference on the part of the opposite party in not replying to the legal notice is not proper it requires to be seriously taken note of the opposite party could have promptly attended the problem faced by the complainant. The complainant has lodged 2 complaints with the opposite party with reference No.2713968 and 2792775 inspite of these 2 complaints the problem with the machine had not been attended by the opposite party. The opposite party taken defense that their technicians had gone to the house of complainant and inspected the machine but no records is produced by the opposite party to prove that technicians had in fact visited the house of the complainant. Therefore, the defense can not be accepted. As per the AMC it is the duty and obligation of the opposite party to attend the problem faced with the washing machine soon after receipt of complaints from the customers. The opposite party has committed deficiency in service in not attending and repairing the washing machine. The complainant being a valuable customer of the opposite party his problem should attended promptly by the service provider. This is an age of competition customer satisfaction is most important thing to be attended by any service provider. The joy of customer while purchasing product shall also continue even after the purchase of any product. The manufacturer of products shall maintain quality of goods. They must thoroughly checkup the products before releasing the product to the market. The complainant prayed that the opposite party be directed to effect repair to washing machine in terms of AMC. This prayer of the complainant is very fair, just and reasonable. The prayer of the complainant shll has to be accepted and the opposite party shall direct to affect repairs and to attend problem faced by the complainant in respect of the washing machine. The complainant has prayed for award of Rs.50.000/- as compensation for mental agony and deficiency of service. On the facts of the case this is not a fit case to award inflated compensation. Therefore the grant of compensation is not considered. In the result, I proceed to pass the following:- <br /> ORDER<br /> <br /> 6. The complaint is allowed. The opposite party is directed to repair and rectify any defect or problem faced by the complainant in respect of washing machine to the satisfaction of the complainant. The technicians of opposite party shall visit the house of the complainant immediately after receipt of this order from this Fora and attend the problem of the complainant with intimation to this Forum. <br /> 7. The complainant is entitled for Rs.1,000/- as cost of the present proceedings from the opposite party.<br /> 8. Send the copy of this Order to both the parties free of costs immediately. <br /> 9. 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 />