MOHINI GUPTA vs WHITE LINE APPLIANCES

DISSATISFIED with the amount of compensation to the tune of Rs. 2,000/- awarded vide impugned order dated 6.5.1996 passed by the District Forum on account of mental agony and harassment suffered by the appellant on having been sold defective washing machine, the appellant has preferred this appeal.

ADMITTEDLY the first machine purchased by the appellant from the respondent in the year 1991 was replaced in May, 1992 as it did not function properly. The second machine also did not work to the satisfaction of the appellant as it used to take inordinately long time to wash and dry clothes. The prayer of the appellant for replacement of the machine or refund of its cost was declined on the ground that the machine had been in use for about two years. Merely because a person uses an article, which is of sub-standard for certain period, grudgingly does not mean that consumer is not entitled to seek adequate compensation from the trader. No trader can be permitted to sell a sub-standard article as low for protecting the interest of consumer has been brought on the statute book with an object to maintain the highest quality of the goods manufactured and sold by the traders. Unless and until the article meets the requisite standard and provides the satisfactory result the said article is deemed to be sub-standard.

In the instant case the first machine was replaced but the second machine sold by the respondent also did not work properly as it used to take much longer time in washing and drying clothes in spite of its being automatic machine. The Counsel for the respondent has contended that the complaint of the appellant was removed by changing the thermostat and followup service was also provided and moreover as she filed this complaint after about two years i.e., after the period of warranty.

THE very circumstances of change of thermostat and followup service reflects that the machine was not upto the standard and merely because the appellant continued using it for about two years does not absolve the respondent from compensating the consumer adequately for having sold such an article which is of daily use and thus whenever the consumer uses it and if it does not provide the desired result it does cause mental agony and tension. In view of the aforesaid reasons we partly allow the appeal by enhancing the amount of compensation from Rs. 2,000/- to Rs. 5,000/- as no purpose will be served in replacing the machine it has already been used for several years nor its cost can be refunded because of longer use.

APPEAL is disposed of in aforesaid terms. The FDR, if any-deposited by the appellant be returned forthwith after completing necessary formalities. A copy of this order as per statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room. Appeal disposed of.