BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::
KADAPA Y.S.R DISTRICT
PRESENT SRI V.C. GUNNAIAH, B.Com., M.L., PRESIDENT
SMT. K. SIREESHA, B.L., LADY MEMBER
M.V.R. SHARMA, B.A. MEMBER
Thursday, 17th March 2016
CONSUMER COMPLAINT No. 09 / 2016
P. Arshad Ali Khan, S/o P. Hussain Khan,
aged 42 years, 13/367, Haji Rahamathulla Street,
Kadapa Mandal and District. ….. Complainant.
Vs.
1. The Proprietor, SLN DIGITAL SHOPPY,
21/111-112, Near 7 Roads, Kadapa.
2. The Branch Service Manager, M/s Panasonic India Pvt. Ltd.,
D.No. 39-10-5, 1st floor VNR Tower, Labbipet,
Vijayawada – 520 008.
3. The Manager, M/s Panasonic India Pvt. Ltd.,
6th floor, Spic House, Annexa No. 88, Anna Salai,
Chennai – 600032.
4. The Proprietor, Panasonic Service Center,
D.No. 42/189-3, NGO Colony, Kadapa. ….. Opposite parties.
This complaint is coming before us for final hearing on 15-3-2016 and perusing complaint and other material papers on record and on hearing the arguments of complainant as in person and Opposite parties 1 to 4 are remained exparte on 8-3-2016 and the matter is having stood over for consideration this day, the Forum made the following:-
O R D E R
(Per Sri M.V.R. Sharma, Member),
1. This Complaint is filed under section 12 of the Consumer Protection Act 1986 requesting this forum to direct the Opposite parties:-
(a) To replace new machine or cost of the machine Rs. 34,000/- and PC board amount of Rs. 8,733/-.
(b) To pay Rs. 20,000/- compensation for causing mental agony and
(c) To pay Rs. 2,000/- towards of the complaint and other reliefs as the Hon’ble Forum deems fit and proper in the circumstances of the case.
2. The averments of the complaint in brevity are that the complainant purchased Panasonic front load washing machine model No. NA107VC and Sl. No. 265615 on 12-9-2013 for price of Rs. 34,000/- bearing bill No. 1658 from the opposite party No. 1 (for short herein called as O.Ps).
3. The complainant further stated that after purchase of the above said washing machine gave problems and complainant gave complaint to the opposite parties on March 2014. The same was rectified by O.P.4, after three months again the same problem was occurred and the same was intimated to O.P’s. Again O.P.4 rectified the problem which is given by washing machine. The complainant further stated that the same problem was occurred in the month of December 2014 at that time the opposite parties replaced the drum of washing machine inspite of replacing the drum the problem was not rectified. All these problems given by washing machine in a warranty period. After that on 5-9-2015 again the washing machine gave problem and complainant intimated to the opposite parties on 6-9-2015. The service center executive visited and examined machine and told that the problem is main P.C. Board. Hence, he brought the board to the service center and assured that it was rectified within 2 or 3 days, but they did not solve the problem. After 20 days the opposite parties are told that the warranty which was given in the bill is completed and they did not rectify the problem on free of cost and also the complainant stated that he paid Rs. 8,733/- for P.C. Board on 25-12-2015 and it having warranty of three months i.e. 24-3-2016 and he issued a letter to the opposite parties to exchange the machine or return cost of the machine. But there is no response from the opposite parties. Hence, the complaint for the above reliefs.
4. The opposite parties are called absent and set exparte on 8-3-2016.
5. To prove his case the complainant filed an affidavit along with documents and got marked Exs. A1 to A4. No documents are marked on behalf of the opposite parties. No oral evidence has been let in by the parties.
6. On the basis of the above pleadings the following points are settled for determination.
i. Whether the complainant is eligible for compensation as prayed by him?
- Whether there is negligence or deficiency of service on the part of opposite parties?
- To what relief?
7. Point Nos. 1 & 2. It is admitted fact that the complainant purchased Panasonic Front load washing machine bearing bill No. 1658 on 12-9-2013 for Rs. 34,000/- from O.P.1 as per Ex. A1 and the O.P.1 issued warranty for a period of 2 years to the above said machine. After purchasing above said washing machine not functioned smoothly and developed problems for several times and the same is rectified by the opposite parties and also in the month of December 2014. The O.P.4 replaced the drum for rectifying the problems. But the problems are not rectified on 5-9-2015 on the complaint of the complainant the service center executive came on 6-9-2015 and examined the washing machine and told that the P.C. board is main problem and taken P.C. board with him to service center and assured that the problem will solve within 2 or 3 days. But the problem not rectified as promised by him and after 20 days the opposite parties intimated the complainant that the warranty of 2 years is completed and the warranty, which was given in bill, is completed and they did not rectify the problems on free of cost. As seen Ex. A2 the technician of the service center collected Rs. 8,733/- for P.C. Board to rectify the problems of the washing machine and issued warranty for one year i.e. 25-12-2015 to 24-3-2016. But till date the problem of the washing machine was not rectified.
8. As seen Ex. A1 the warranty of washing machine was two years, it expired on 11-9-2015. Hence, we opined that the complainant entitled for the amount of P.C. Board only i.e. Rs. 8,733/-. The complainant is not entitled as prayed by him. The evidence of the complainant has been supported by the documents and also remained unchallenged. Hence, it is proved deficiency on the part of the opposite parties. Therefore, the complainant is entitled only P.C. board amount. The points 1 & 2 are answered against the opposite parties.
9. Point No. 3 In the result, the complaint is partly allowed, directing the opposite parties to pay Rs. 8,733/- (Rupees eight thousand seven hundred thirty three only) the cost of P.C Board amount to the complainant and shall also pay Rs. 1,000/- (Rupees one thousand only) towards compensation and also pay Rs. 1,000/- (Rupees one thousand only) towards costs of the complaint. The Opposite parties shall pay the above amounts within 45 days from the date of receipt of this order, failing which the above amounts will carry interest @ 12% p.a. till realization.
Typed to my dictation, corrected and pronounced by us in the open Forum, this the 17th March 2016
MEMBER MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant NIL For Opposite parties : NIL
Exhibits marked for Complainant: -
Ex. A1 P/c of bill worth of Rs. 34,000/- issued by the SLN Digital Shoppy,
Kadapa dt. 12-9-2013.
Ex. A2 P/c of bill of PC board Rs. 8,733/- issued by service center on
25-12-2015.
Ex. A3 Legal notice dt. 28-1-2016 along with postal receipts.
Ex. A4 P/c of certificate of warranty.
Exhibits marked on behalf of the Opposite parties : -
MEMBER MEMBER PRESIDENT
Copy to :-
1) P. Arshad Ali Khan, S/o P. Hussain Khan,
aged 42 years, 13/367, Haji Rahamathulla Street,
Kadapa Mandal and District
2) The Proprietor, SLN DIGITAL SHOPPY,
21/111-112, Near 7 Roads, Kadapa.
3) The Branch Service Manager, M/s Panasonic India Pvt. Ltd.,
D.No. 39-10-5, 1st floor VNR Tower, Labbipet, Vijayawada – 008.
4) The Manager, M/s Panasonic India Pvt. Ltd.,
6th floor, Spic House, Annexa No. 88, Anna Salai, Chennai – 32.
5) The Proprietor, Panasonic Service Center,
D.No. 42/189-3, NGO Colony, Kadapa.
B.V.P
