Per:- Mr. Joshi, Member Place : BANDRA JUDGMENT The Complainant is a ‘consumer’ under Section-2(1)(d) of the Consumer Protection Act, 1986. The Opposite Party is a manufacturer called M/s. IFB Industries Ltd. [2] The Complainant has purchased IFB Elena Washing Machine, White Colour, Front Load, 5 kg. on 30/9/2007 under Tax Invoice of ‘Sumara’, Mulund (E), bearing No.M9/SEP.07/0305. [3] On 28/4/2008, the Complainant found that said washing machine vibrated during its spinning operation and moved forward at an alarming rate with great sound like an earthquake. The Complainant complained to the service center of the Opposite Party. The Company’s technician attended the complaint and changed the stoppers, but the problems in the machine persisted and no one from the Company’s side attended the complaint for next five days, although repeated telephoned up. After persistent follow up with the hierarchy of the Company, ultimately the technician was sent after 20 days to look into the problem of washing machine. The technician had opened the said machine and found the drum of the machine in a cracked condition. Even after the repairs, the fault could not be rectified and the same problem persists. [4] On 30/8/2008, the machine rattled violently with an alarming sound during its spinning operation and as a result, it broke down into several parts. The Complainant’s house was flooded with water in all rooms. The Complainant’s mother-in-law was alone in the house had to be rescued by the neighbours. Consequently, the technician of IFB came and promised to take away broken machine and replace the same with service machine. Accordingly, the service machine was installed. After ten days the broken machine was repaired by IFB Industries and replaced at the Complainant’s house. [5] The Complainant states that the Opposite Party has supplied the defective goods having programming problem. The Complainant has prayed for the following reliefs:- (a) The Opposite Party be directed to pay the purchase price of Rs.13,490/- with 18% interest thereon; (b)The Complainant be compensated to the tune of Rs.1,35,000/- for mental agony & harassment caused; (c) Compensation of Rs.20,000/- towards furniture damage; (d)Costs of the proceeding. THE OPPOSITE PARTY’S REPLY [6] The Opposite Party states that the Complainant has suppressed the true facts. The Complainant has not followed the guidelines and information supplied through catalogue and orally. [7] The Opposite Party states that the Complainant installed the washing machine in the kitchen where the Italian marbles are fixed and is having slippery & slanting condition. The Complainant has not built proper platform with stand. [8] The Opposite Party states that their company being reputed one, the proper after-sales service was provided from time to time during the warranty period. Moreover, the Complainant has been provided with an alternative service machine on very next day and same machine is working properly till date as confirmed by the Complainant. [9] We have read the complaint and written statement of the Opposite Party. Heard advocates of both parties. Perused the documents and material submitted before us. [10] Following points arise for our consideration:- Sr. No. | Points | Findings | 1. | Whether the Complainant could prove the deficiency in service on the part of the Opposite Party? | YES | 2. | Whether the Complainant is entitled to refund of purchase price of the washing machine in question? | YES | 3. | Whether the Complainant is entitled to receive compensation towards mental agony? | YES, Rs.5,000/- | 4. | What order? | The complaint is partly allowed. |
REASONS FOR FINDINGS [11] As regards the points No.1 & 2, the deficiency in service on the part of the Opposite Party is clearly established as the Opposite Party failed & neglected to rectify the basic defect in the disputed washing machine. [12] No doubt the Opposite Party has promptly sent their technicians as & when required, but there has been one aspect was completely ignored that there could be programming error in the in-built computer system provided in the washing machine for auto function. [13] The Opposite Party has mentioned about slanting and sticky flooring, where the said washing machine was installed, but failed to understand the important point that normally the washing machine are kept at the place where water outlets are easily available. The flooring in the kitchen and bathroom or part of the bathroom is always slanting and it is generally found that the washing machines are installed there only and functioning properly too. [14] The Opposite Party promptly mentioned in the reply about their prompt services provided to the Complainant, but in the process they have also confirmed the statements made by the Complainant that the alternative service washing machine was provided on the very next day and the same is till date in working condition. This statement on the part of the Opposite Party clearly reveals that there was a manufacturing fault in the washing machine in question, the other excuses or reasons mentioned were lame. [15] In view of the above, we deem it fit & proper to award the Complainant with the replacement of a new washing machine having due warranty or alternatively refund of Rs.13,490/- and compensation of Rs.5,000/- for mental agony besides Rs.2,000/- as costs of the proceeding. The prayers of the Complainant are partly allowed. Hence, we proceed to pass the following order:- ORDER The complaint is partly allowed. [2] The Opposite Party is hereby directed to provide the Complainant a new washing machine of the make IFB Elena Washing Machine, While Colour, Front Loading, 5 kg. having due warranty for further period or in alternatively refund the Complainant Rs.13,490/- being the cost of purchase of disputed washing machine. [3] The Opposite Party is directed to pay the compensation of Rs.5,000/- to the Complainant towards mental agony. [4] The Opposite Party is directed to pay Rs.2,000/- towards costs of the proceeding [5] The Opposite Party shall comply with the above order within thirty days from the date of receipt of this order else shall pay interest @ 9% on Rs.20,490/- for delayed period. [6] The Complainant is directed to return both the disputed and service washing machines in her possession to the Opposite Party within eight days in case she intends to execute the above order. [7] Copies of this order be furnished to both the parties free of cost.
| | [HONABLE MR. MR.V.G.JOSHI] Member[HONABLE MR. Mr. J. L. Deshpande] PRESIDENT | | 
