NISHA SINGLA Vs. ELECTRONIC CENTRE

JUDGEMENT

(1.) This appeal is directed against order dated 13.11.2000 of District Consumer Disputes Redressal Forum-II, U. T. , Chandigarh (for short hereinafter to be referred as the District Forum-II) delivered in Complaint Case No.1324 of 1998, Mrs. Nisha Singla wife of Sh. Shiv Kumar Singla resident of House No.1032, Sector 42-B, Chandigarh V/s. M/s. Electronic Centre, through its Branch Manager, SCO No.306, Sector 35-B, Chandigarh and M/s. Electrolux (Intron Ltd.) through its Managing Director, 7-C, Maruti Industrial Complex, Sector 18, Gurgaon. The appellant/complainant purchased an Electrolux Washing Machine manufactured by respondent No.2, M/s. Electrolux (Intron Ltd.) through respondent No.1/o. P. No.1, M/s. Electrolux Centre at Chandigarh on 18.12.1997 for a sum of Rs.18,600/-. It was represented to the complainant, Mrs. Nisha Singla by the respondents that the said washing machine had the capacity of washing 5 kgs. clothes. The complainant found that the washing machine was incapable of washing 5 kgs. of dry clothes as represented to her and consequently she intimated this defect to the respondents orally as well as vide letter dated 11.5.1998 sent under Registered A. D. Post.

(2.) The case of the complainant was that she had brought this defect to the notice of the opposite parties for being checked and removed by deputing an engineer from the local office of the Company. The engineer, namely, Mr. Gopal visited the residence of the complainant/appellant and gave demonstration of washing the clothes on the said washing machine. It was alleged that at the time of giving the demonstration the stabilizer attached to the washing machine was burnt. After two to three days another engineer, namely, Mr. Vipin came to give demonstration and in the mid way of the demonstration he stopped the machine and changed one part called PCB and restarted the same.

(3.) After the circle was complete the clothes were taken out and the result was not so disappointing. It was alleged that a day or two thereafter, the complainant/appellant, Mrs. Nisha Singla used the washing machine for washing the clothes but the results were highly disappointing. She, accompanied by her husband, approached the dealer, M/s. Electronic Centre and informed him that the machine had neither the capacity nor the performance as promised by him. The Electronic Centre promised to send an engineer from the Company's office. Despite that none came from the Company to examine the washing machine. In second week of January i. e. on 7.1.1998, Mr. Vipin, an engineer of the Company came and went back after putting the clothes in the machine by advising the complainant to clean clothes on her own after doing pre wash. It was alleged that as per the advice, the clothes were washed the next day but the results were not only disappointing but disgusting. Accordingly, the said result was conveyed to the engineer on phone. The engineer aforesaid came to the house the same day and told the complainant that the clothes were extra dirty. Being dissatisfied with the inaction on the part of the O. Ps. , the complainant sent a legal notice through Mr. S. P. Goyal, Advocate which is dated 12.10.1998 addressed to both the respondents calling upon them to get the machine back from the complainant and to refund the sum of Rs.18,600/- with interest from 18.12.1997 and also to pay damages suffered by the complainant due to poor services. Thereafter, this complaint was filed.