Skip to main content

Washing machine company made to pay

The Goa state consumer disputes redressal commission has upheld the order of the South Goa district forum which ordered a washing machine company to pay 30,000 to an aggrieved consumer along with 5,000 as costs.

A recent order by commission president N A Britto and member Jagdish Prabhudesai upheld the forum's order which had directed Whirlpool India Ltd to pay Teddy da Silva of Nagoa, Verna, 15,000 as refund for a defective washing machine, 15,000 as compensation, and 5,000 as costs.

The order follows an appeal by the company against the forum's order.

The case dates to July 2011 when da Silva bought one washing machine and one fridge for his brother.

The washing machine was worth 25,333.

It stopped working within two days and was exchanged on July 25, 2011, for another washing machine costing 15,300. The previous washing machine was for 7kg of clothes while the second was for 6.5kg.

The new washing machine also broke down within 10 days and the dealer was asked to repair the same.

The dealer did send his technician to repair the machine but despite several attempts, failed to resolve the problem.

Da Silva had to undergo a lot of difficulties and hardships and had to even buy another washing machine of another make, as this company failed to repair or exchange their washing machine.

Da Silva finally complained to the district forum in July 2013.

Though notices were served on the company and its dealer, they chose not to file their response though they were represented by a lawyer. The commission noted that the company repeatedly sought time to file their reply.

The commission further noted that the company failed to repair the washing machine despite three notices from the complainant.

The commission noted that in case there was any deficiency in service on the part of the company's advocate then they were free to proceed against the advocate, but for that the complainant, who is a consumer, could not be made to suffer.

Noting that the company failed to pursue the matter before the district forum, the commission observed that it has become very easy and convenient for a litigant to shift the entire blame on its previous counsel without rhyme or reason.

The commission therefore upheld the forum's order and ordered the company to pay the refund, compensation and costs.

Article referred: http://timesofindia.indiatimes.com/city/goa/Washing-machine-company-made-to-pay/articleshow/38575499.cms

Comments

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...

Owner of vehicle is not expected to verify the genuineness of the driving license before appointing a driver

Cause Title : Rishi Pal Singh Versus New India Assurance Co. Ltd & Ors., Civil Appeal No. 4919 Of 2022, The Supreme Court Of India Date of Judgment/Order : July 26, 2022 Corum : Hemant Gupta; J., Vikram Nath; J. Background the truck owned by the appellant met with an accident. The owner deposed before the court that before employing the driver, he had taken his driving test and that he was driving the vehicle satisfactorily and  that the driver was employed with him for 3 years before the date of the accident. He produced his driving license. This was reaffirmed by the driver who deposed that the driving license was obtained from the driver and it was issued from Nagaland, but no such license was produced on record. Both the Motor Accident Claims Tribunal and the High Court have held that the owner has alleged that the driver had a driving license from Nagaland but the same was not produced and therefore, the Insurance Company is entitled to recover the awarded amount...

Person Being Prosecuted To Be Provided With All Relevant Documents

The Delhi High Court, in the case of Poonam Jain vs Union of India & Ors, noted that a person being prosecuted against has a right to be provided with all the material relied upon by the prosecuting agency to prosecute her/ him. In the instant case, a search was conducted at the residences of the petitioners and their statements were recorded and several documents were seized. They were issued show cause notices under Section 276 C(1) and Section 277 of the Income Tax Act, Section 181 of the Indian Penal Code and Sections 50 and 51 of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act. They sought to be provided with a copy of their statements and the documents seised. However, the same was denied to them.