BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. G. SIVAPRASAD                                        :  PRESIDENT

SMT. R. SATHI                                         :  MEMBER

SMT. LIJU B. NAIR                                  : MEMBER

C.C. No. 390/2013 Filed on 12.09.2013

Dated: 15.12.2014

Complainant:

A. Mohamed Basheer, Ramsi Cottage, Kurakodu, Charummoodu, Puthukulangara P.O, Nedumangadu, Thiruvananthapuram-695 541.

                             (Party in person)

Opposite parties:

1. Sony, Global Furniture Home Appliance, Pazhakutti, Nedumangadu, Thiruvananthapuram-695 541.

Additional Opposite party:

1. Executive Chairman, IFB Industries, 14, Tarakolla Road, Kolkata, West Bengal -700 088.

                                     

This C.C having been heard on 11.12.2014, the Forum on 15.12.2014 delivered the following:

ORDER

SMT. LIJU B. NAIR: MEMBER

Case of the complainant is as follows: He purchased a brand new fully automatic washing machine from the 1^st opposite party manufactured by the 2^nd opposite party.  After the first wash itself it stopped functioning.  This was communicated to the 1^st opposite party.  Though it was intimated to the service centre they tried their best to rectify the defects.  But all in vain.  Later 1^st opposite party offered him replacement.  Since the product of IFB is out of stock, they offered him a washing machine of LG company and he was asked to pay the price difference.  So he paid Rs. 3,750/- for the same.  After receiving this amount they evaded from their promise.  Rs. 3,750/- is still with 1^st opposite party.  So he prays for refund of Rs. 3,750/- along with replacement of the defective washing machine or refund of the purchase amount paid towards IFB machine. 

Though notice sent from this Forum was accepted by both sides, they failed to appear and contest the matter.  So we proceeded exparte against them. 

Points raised for trial:

1. Whether the allegation of manufacturing defect is proved?

2. Is there any deficiency in service on the part of the opposite parties?

3. Reliefs and costs if any?

Points (i) to (iii):- Complainant filed this complaint alleging manufacturing defect on the washing machine purchased by him.  To find out whether there is any defect as alleged, an expert commission was ordered from this Forum and he filed his report which is marked as Ext. C1.  As per Ext. C1 power supply comes to the printed circuit board consisting of sensors which are responsible for assessing the load condition and water level, are not providing desirable function.  This control panel also gives sufficient signals for the total time required for washing the clothes and the amount of water to be used.  The above sensor section provides the option for hot water or cold water also.  The washing machine was not able to wash clothes, the power supply coming to the circuit was examined and found to be 227 V which is under acceptable limits.  A special built in Aqua Energie filter converts hard water to soft water by breaking the bicarbonates and reducing them to crystals.  It is not able to wash clothes using this washing machine due to the above mentioned technical failures.  The final conclusion arrived by the expert is that the washing machine cannot be used for its purpose due to the technical failures pointed out by him.  This report is not challenged.  So the allegation of manufacturing defect is clearly proved. 

Contention of the complainant as per the complaint is that 1^st opposite party was convinced about the defect of the washing machine when he complained about the same.  They offered him replacement also.  Later they changed the offer since IFB product is not readily available with them, they offered him LG washing machine and asked him to pay the price difference.  As per this agreement he paid Rs. 3,750/- also.  But till date neither an IFB washing machine nor an LG washing machine was given to him.  So he is eligible to get refund of the same also.  So we are of the considerate view that since the opposite parties failed to keep up the offer of replacement till now, replacement order by this Forum will not serve the purpose.  So it is just and proper to order a refund of the purchase price, so that complainant is at liberty to buy any model or brand of his choice available in the market.  So we order refund of the purchase price which comes to Rs. 21,750/- along with Rs. 3,750/- additionally paid by him for getting the LG model. 

In the result, complaint is allowed.  Opposite parties are jointly and severally directed to refund Rs. 21,750/- to the complainant within a month of receipt of this order.  1^st opposite party is also directed to refund Rs. 3,750/- to the complainant within a month of this order.  If the order is not complied in this period 9% interest is ordered on this amount till the date of realization (i.e; for Rs. 21,750/- and Rs. 3,750/-).  Rs. 2,000/- is ordered as cost to the complainant which is to be paid by both opposite parties.    

 

 

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 15^th day of December 2014.

 

Sd/-

LIJU B. NAIR                : MEMBER

 

                                                                   Sd/-

G. SIVAPRASAD                   : PRESIDENT

 

Sd/-

R. SATHI                      : MEMBER

 

jb