BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,

ERNAKULAM.

Date of filing : 07/09/2012

Date of Order : 31/12/2013

Present :-

Shri. A. Rajesh, President.

Shri. Sheen Jose, Member.

Smt. V.K. Beena Kumari, Member.

C.C. No. 545/2012

Between

And

O R D E R

Sheen Jose, Member.

1. The facts of the case leading to this complaint are as follows :-

The complainant purchased a washing machine from the 1^st opposite party. After the expiry of the warranty period, the 1^st opposite party approached the complainant and requested to enter into two years AMC agreement for Rs. 3,087.40. The complainant and the 1^st opposite party entered into agreement, but in spite of repeated contacts and requests, the opposite parties failed to issue the agreement. Thus, the complainant is before us seeking direction against the opposite parties to refund AMC charges with interest together with compensation and cost of the proceedings.

2. The version of the opposite parties is as follows :-

The complainant has taken the annual maintenance contract for his washing machine on 28-07-2010 by paying an amount of Rs. 3,087.40 for two years. The complainant has enjoyed the AMC coverage for two years from 28-07-2010. After enjoying the coverage, the complainant filed this complaint raising untenable contentions. During the AMC period, the service requirement for the washing machine for for attended by the service engineer on 28-01-2012 and 28-06-2012 free of costs. There is no defect in the washing machine. The complainant is therefore not entitled to get any of the relief as prayed for.

3. No oral evidence was adduced by the complainant. Exts. A1 to A16 were marked on the side of the complainant. Witness for the opposite party was examined as DW1. Heard the learned counsel for the parties.

4. The points that arose for consideration are as follows :-

1. Whether the complainant is entitled to get refund of the AMC charges and expenses incurred by the complainant towards repairing the washing machine?

2. Whether the complainant is entitled to get compensation and costs of the proceedings?

5. Point No. i. :- It is not a disputed fact that the complainant entered into the AMC agreement for two years from 28-07-2010 for an amount of Rs. 3,087.40. According to the complainant, repeatedly he approached the opposite parties to get the defect of the washing machine repaired. On the contrary, the opposite parties contended that on two occasions, the complainant requested to attend the machine and they made necessary repairs. We are not to agree with the above contention of the opposite parties, especially when Ext. A2 to A5 e-mails and Ext. A6, A10 and A13 notices produced by the complainant would show that he had highlighted his grievances on several occasions that too within the validity of AMC. No explanation is forthcoming for the inaction on the part of opposite parties. DW1, the witness for the opposite parties deposed that they used to keep their service records in computer. Moreover, they have not produced any documents to prove that they had attended to the machine in two occasions. The above circumstances, there is negligence and laches on the part of the opposite parties in attending to the complaints of the complainant, despite receipt of the e-mails and registered letters, the opposite parties failed to render any service to the complainant, though they have received consideration for the same. Therefore, we find the complainant is entitled to get refund of the AMC charge with interest.

6. Point No. ii. :- Evidently, the complainant could not use his washing machine for a long period due to the fault on the part of the opposite parties. The complainant has to approach this Forum to get his rights established. Thereby, he had to expense money and had to waste his precious time. The above facts cal for compensation and costs of the proceedings. We awarded Rs. 5,000/- towards compensation and costs of the proceedings.

7. In the result, the complaint is partly allowed and we direct as follows :-

1. The opposite parties shall jointly and severally refund the AMC charge of Rs. 3,087.40 to the complainant with interest at the rate of 12% p.a. from the date of filing this complaint, till realisation.

2. The opposite parties shall also pay Rs. 5,000/- (Rupees Five thousand only) towards compensation and costs of the proceedings to the complainant.

The order shall be complied with, within a period of thirty days from the date of receipt of a copy of this order.

Pronounced in the open Forum on this the 31^st day of December 2013.

Sd/- Sheen Jose, Member.

Sd/- A. Rajesh, President.

Sd/- V.K. Beena Kumari, Member.

Forwarded/By Order,

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :: Nil

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