KANCHAN VERMA Vs. WHIRLPOOL OF INDIA LTD

JUDGEMENT

(1.) WE have heard the learned Counsel for the appellant and perused the impugned judgment and order dated 26.7.2004 passed by District Consumer Disputes Redressal Forum -II, U.T., Chandigarh (for short hereinafter referred to as District Forum).

(2.) THE appellant is the complainant who filed Complaint Case No. 409 of 2003 against Whirlpool of India Limited and three others praying that the respondents be directed to refund of Rs. 13,000/ - with interest @ 18% per annum from the date of its purchase i.e., 8.11.2001 till payment and further to pay compensation of a sum of Rs. 5,000/ - for mental and physical harassment.

(3.) IN nutshell, the grievance of the complainant was that the washing machine, which was purchased vide Bill No. 760 (C -1) suffered from manufacturing defect and some times it would not start at all and some times it would stop working all of a sudden. The complainant apprise the respondent No. 2 -Jatinder Electronics, SCO No. 2439, Sector 22 -B, Chandigarh about the said defects in the washing machine but the complainant was advised to contact respondent No. 3 - Supreme Electro -Mech Pvt. Ltd. (authorised Service Centre), Plot No. 78, Industrial Area, Phase II, Chandigarh. It was authorised service station of the manufacturer -Whirlpool of India Limited. Despite taking the washing machine for repairs on several occasions, the same did not function properly as it had manufacturing defect. A representation was made on 30.11.2003 vide copy Annexure C -5, which was sent to the respondent No. 3 - Supreme Electro -Mech Pvt. Ltd. aforesaid. The manufacturer/respondent No. 1 informed the complainant that the complaint had been forwarded to the Supervisor at Chandigarh. A reminder was sent through a N.G.O. called Consumer Forum on 16.10.2003 (Copy Annexure C -7) but there was no response from the respondents.