COMPLAINT: Harlene Swanson, Carmel, Ind.

"I purchased a new GE washer and dryer from Clarks Sales & Service Inc. in Castleton. The initial quote was all spelled out like I wanted it to be, but the sales order at the bottom of the statement read, "All items are special order, sales are nonreturnable and nonrefundable."

"They didn't tell me this with the quote. When I washed the first load, the washer was terribly noisy. It was so noisy I could hear it in other rooms.

"I immediately called Clarks and told the co-owner, Cindy Clark, about my problem. She told me I shouldn't wash clothes when I go to bed or when I'm entertaining. I told her I've owned many washers and this has never been a problem.

"She referred me to a GE repair man, who came out to my home, inspected the washer and told me there is nothing wrong with it. I told him the noise was unacceptable, and he agreed, but he said that's how it was made. He said there was nothing he could do and referred me to Bob Clark, the owner.

"I called Mr. Clark, but I was referred back to Cindy Clark. She told me that there's nothing she could do. She said she couldn't be responsible for the many products they carry in their store. I told her that this is the responsibility of the store owner.

"She called me again later and stated that they'd take back the washer, but I'd have to pay a 30-percent restocking fee, along with the difference between the washer I purchased and an upgraded model that's supposed to be quieter."

DESIRED RESOLUTION: "I want a refund for the washer and dryer."

RESPONSE: Robert Clark, owner, Clarks Sales & Service Inc.

"Cindy did not tell the member when to use her washer. When the member came in, she stated she wanted a washer and dryer under $1,700. She voiced no concern about noise. We told her if she bought another washer, we would not take it back if she thought it was too loud.

"We did not say we would not stand behind it. She also felt that was unacceptable, and if we wouldn't refund her money in full, [she said] she'd bad-mouth our company. It clearly states "no refunds" on the signed work order."

STATUS: Stalemate

Indianapolis Penalty Box