Decided on January 15,2007

Godrej And Boyce Mfg Co Limited Appellant
Tanmay Roy Respondents


- (1.) THIS is an appeal filed against the judgment and Order dated 5.6.2004 passed by the North 24 Parganas District Consumer Forum in its case No. 233 of 2003. Under this judgment the Forum allowed on contest without cost a complaint filed by Mr. Tanmay Roy (present respondent No. 1) against Godrej & Boyce Mfg. Co. Ltd. and three others (present appellants) and directed the O.Ps. to either get the washing machine in dispute replaced by a new one or to return the purchase price of the same amounting to Rs. 10,000 to the complainant within two months from the date of this order.
(2.) BEING aggrieved by this order the O.Ps. have preferred the present appeal challenging the order as unsustainable.
(3.) THE case of the complainant was that he purchased the washing machine in dispute from the O.Ps. on 21.1.2003 on payment of Rs. 10,000. On 1.2.2003 the complainant detected some mechanical problems in this machine and then he lodged a complaint before the O.Ps. when the latter sent a technician who attended the same and got the same repaired on 9.3.2003. But it was found out -of -order and hence it was taken to the workshop of the O.Ps. on 13.3.2003. On 14.3.2003 the machine was again delivered to the complainant. But when the complainant started using it again it again gave some problems and went out -of -order and hence the complainant requested the O.Ps. to set it right, but in vain. Hence, he filed this case before the District Consumer Forum claiming replacement of the same by a new one or refund of the price of the same. The O.P. Nos. 1 and 2 contested the case by filing a written version contending that the complainant was entitled to get the machine repaired on payment of necessary charges because the machine went out -of -order due to bad handling of the same and the company was not liable under such circumstances to give any new machine in its place. According to the O.Ps. the case was liable to be dismissed with cost.;

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