Consumer Protection Act
Facts of the Case
AB bought a washing machine from M/s Bad Machines on 17 th December 2000 for a sum of Rs. 20,000/- .The machine was a fully automatic one with a timer. The washing machine had a warranty for three years. Around March the machine developed some defects and started giving trouble. The spinner stopped rotating properly and the timer stopped working as a result of these faults the clothes were getting stuck in the spinner and were not being washed properly. AB informed Bad Machines about the problems he was facing with the washing machine and Bad Machines assured AB that it would look into the matter. However nobody from Bad Machines came. On 12.4.2001 AB sent a written complain by registered post to Bad Machines and they informed him that heir engineer would be coming the next day. However three months have passed since then but no engineer has come from Bad Machines. AB suffered immense hardship and mental torture due to the negligent and irresponsible behavior of Bad Machines. AB had to employ a dhobi at monthly salary of RS 500 and had to even wash the clothes himself at times. He is now left with no option but to approach the Consumer Forum.
CONSUMER COMPLAINT NO._________0F________
In the matter of
AB, resident of ______, New Delhi
Bad Machines Pvt. LTD, having their office _______, New Delhi
To the Hon’ble President and his companion Members of the District forum
The complainant above named most respectfully states:
- That Bad Machines is a private company and carrying the business o manufacturing and selling washing machines.
- That the complainant purchased washing machine from the opposite part on 7.12.2000 for Rs. 20,000 vide cash memo No.1235. A photocopy of he same attached herewith as Annexure A
- That the said washing machine was guaranteed for a period of 3 years from the date of the purchase.
- That around March 2001 the said washing machine started giving certain problems. The machine used to stop functioning much before the time set o the timer and the spinner stopped rotating properly as a result of which the clothes were not being washed properly and used to get stuck in the rotator.
- That on 25.3.2001 the complainant made a verbal complaint by telephone to the opposite party about the problems in the washing machine and the opposite party assured the complainant that the problems would be rectified by their engineer.
- That however no action was taken by the opposite party and the complainant then filed a written complaint with the opposite party on 12.4.2001 but to no avail.
- Due to the negligent and irresponsible behavior of the opposite party the complainant has suffered immense mental agony. He has had to employ a dhobi at a salary of Rs. 500 and has to wash the clothes himself.
- That the opposite has failed to discharge its obligations under the guarantee given to the complainant at the time of purchase of the washing machine.
- That the opposite party has acted in a negligent manner and has been deficient in its services in failing to rectify the fault that developed in the washing machine
In the facts and circumstances the complainant prays for the following reliefs
- That the opposite party be directed to remove the defects from the washing machine and if it unable to do so to refund the price paid for he machine i.e. Rs 20,000.
- To pay Rs. 5000 as costs.
- To pay Rs. 5000 as compensation.
- Any other appropriate relief/s this court may deem fit and proper in the facts and circumstances of this case.
I, ___________, son of _________residing at _____________do hereby solemnly declare and state that the contents of the above complaint are true to the best of my knowledge and belief. Nothing stated therein is false a nothing has been concealed there from.