APPLICATIONS FOR DEFICIENCY OF SERVICE
DEFECTIVE WASHING MACHINE
In the District Consumer Disputes Redressal Forum
Darbhanga Collectorate, Darbhanga
Consumer Complaint No___
of
In the matter of:
A complaint under sections 11 and 12 of
the Consumer Protection Act 1986 and
the Rules made thereunder
And
Mr. X residing at
Complainant
versus
Machinery Company Limited, a
company
incorporated under the
Companies
Act 1956 and
carrying on business at-
Respondent
To
The Hon'ble President and
His
Companion Member
of the District
Consumer
Disputes Redressal
Forum
The complainant above-named
most
respectfully
Sheweth:
1.
The respondent is a manufacturer of electrical goods including Washing
Machines and carries on business in___________
2. The claim of compensation and/or redressal of grievances of the
complainant does not exceed Rs. 5 lakhs.
3. The complaint relates to the malfunctioning of the Washing Machine
purchased by the complainant from the respondent about 18 months ago.
This Application is being made within 2 years from the date of cause of
action for making this application.
4. On 15th June 1998 the complainant purchased one Automatic Washing
Machine from the respondent at Rs. 20, 000.
5. The complainant paid the price, took delivery of the machine and the
respondent issued a cash memo and a Guarantee/Warranty Card
guaranteeing the proper functioning of the machine. The guarantee was
valid for 3 years.
6. After about 7 days of running the said machine in accordance with
the printed instructions given by the respondent the machine did not work
properly. The complainant by his letter dated 25th June 1998 complained to the respondent setting out the malfunctioning of the Washing Machine
including the non-working of the spinning mechanism.
7. The respondent sent its mechanic who apparently repaired the defect.
But after some time again there was the malfunctioning of the machine
since its water pump was not properly functioning. Its spinning mechanism
also did not work.
8. After several reminders the respondent sent its mechanic who tried
to repair the machine and ultimately made the machine workable but stated
that the defect was a manufacturing one and therefore the same could not
be fully repaired.
9.
The complainant requested the respondent by a letter dated 10
th
December 1998 to replace the said machine as there was a manufacturing
defect and in spite of best efforts the respondent's mechanic could not repair
the defects. The respondent received the said letter but neither replaced the machine nor repaired the defect nor replied to the said complaint. A
copy of letter and copy of the receipt are annexed hereto marked "A" and
"A-1.
10. Copies of the Cash Memo and the Guarantee Card are annexed hereto marked "B" and "C" respectively.
11. Copies of the previous complaints are annexed hereto marked "D".
12. By reasons of the breach of the agreement, breach of the Warranty
and negligence of the respondent, the complainant has suffered loss and
damages which the complainant assesses at Rs. 35, 000.
13. In the facts and circumstances of the case the
complainant prays for the following reliefs:
(a)Refund of Rs. 20,000 paid to the respondent for the
purchase of the said Washing Machine;
(b)Interest from date of purchase on Rs. 20,000 at 18%
per annum;
(c)Damages for harassment, physical injury and
mental agony assessed at Rs. 35,000;
(d)Costs of the present proceeding;
(e)Further and other reliefs as the complainant is
entitled to
And the complainant as in duty bound shall ever pray.
Place:
Date:
Signature of Complainant
Verification
I, Mr. X
son of Mr. Y. residing at
Darbhanga, Bihar
do hereby solemnly declare and state that the statements contained in the
preceding paragraphs of this complaint are true to the best of my knowledge
and belief and nothing stated herein is false and I have not suppressed any
material fact.
Verified at
Collectorate on
this____
day of________D
eponent
Identified by me Advocate
Annexure:
1 Cash Memo
2 Guarantee Card
3 Letters of complaint