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consumer protection act

(Querist) 08 April 2009 This query is : Resolved 
I am customer of electrolux washing machine which purchased from dealer who failed to provide service within guarantee period. during, the warranty period, the washing machine failed to work, immediately approached the dealer and requested dealer to provide company authorized service engineer. but, the dealer failed to do so. i issued legal notice demanding the service. no response. i filed the consumer complaint in the district consumer forum. company, dealer who failed to appear before the forum. is there any legal decision in support of my case? can you respond? is there any decision in support of my case to show before the district consumer forum?
please respond with proper.

Guest (Expert) 08 April 2009
In every case it is not necessary to show citation or authority. Your case is dependent upon the provisions of warranty and you have to show that there is violation of the provisions of warranty and you will win the case.
sanjeev murthy desai (Expert) 08 April 2009
Rightly answered by Mr. Prabhakar.

sanjeev desai

M. PIRAVI PERUMAL (Expert) 08 April 2009
I agree with the views of Mr. Prabakar.
Ashey (Expert) 08 April 2009
i think you can get an ex-parte order ..
Hiralal Das (Expert) 08 April 2009
I do agree with views and/or valuable opinions of our ld. members/friends. Thanks all of you.
Y V Vishweshwar Rao (Expert) 08 April 2009
Mr Moorthy !
I feel it is the duty of the Dealer to attend your problem . You have issued a Notice and filed Consumer case submittign your grevenience , even in the Consumer Forum the Delaer / company failed to represet , it goes to show delear/comapny negligence .
These things show that your demand/claim is genuine , you are entitled for the Services required form the Delaer /company .These facts are sufficient to allow your case . No need of any citaitons and judgments
adv. rajeev ( rajoo ) (Expert) 08 April 2009
Dear Member,
When co., and dealer have failed to appear before the forum, then they will be placed as an ex-parte, so u need not rely any decisions u proceed with the case definately it will be in ur favour. After obtaining the order to execute the order u will have to file an execution petition in the same fourm and u will have to take necessary orders from the forum to exeucte the order against the co., U have remedy to obtain arrest warrant against both the co., and dealer.
sanjay singh thakur (Expert) 08 April 2009
Dear Mr. Murthy
Mr. Prabhakar is right. However, in your case first you have to pray before the Forum to fix the matter for ex-parte hearing and then you will have to argue your case. Though in your case citation is not essentially required however, go through the under given citations:
1. 1997 (2)CPJ81 (NC)
2. 1 2009 CPJ 256 (NC)
Shyam Ji Srivastava (Expert) 09 April 2009
Dear Sir,

I agree with the above views
MANISH (Expert) 14 April 2009
Dear Friend,
If the summons/notice has been served as per law on the respondents (the manufacturer and the dealer), and still they are not appearing before the forum, then ex-parte proceedings may be initiated against them, and the decision may be given against them.
As per the Consumer Protection Rules, if the respondent does not appear on any date, then he may be proceeded ex-parte, it is on the discretion of the forum, but if he does not appear for three consecutive dates, then he shall have to be proceeded ex-parte, and decision may be given against him.
After the decision in your favour, you may file an application U/s 25 and 27 of Consumer Protection Act before the forum alongwith a certified copy of such judgment for the execution.

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