Bihar

Muzaffarpur

CC/60/2018

Mr. Ajit Kumar Srivastav - Complainant(s)

Versus

Aditya Vision Limited & Others - Opp.Party(s)

08 Dec 2018

ORDER

DISTRICT CONSUMER FORUM, MUZAFFARPUR
BIHAR
 
Complaint Case No. CC/60/2018
( Date of Filing : 07 May 2018 )
 
1. Mr. Ajit Kumar Srivastav
Sherpur Kayest Tola, Muzaffarpur
Muzaffarpur
Bihar
...........Complainant(s)
Versus
1. Aditya Vision Limited & Others
E.B.Star Market Club Road, Mithanpura Mzuaffarpur
Muzaffarpur
Bihar
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Anil Kumar Singh PRESIDENT
 HON'BLE MR. Dr. Narayan Bhagat MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 08 Dec 2018
Final Order / Judgement

This complaint petition has been filed by complainant Ajit Kumar Srivastava against Aditya vision EB Star market and 1 another, o.p for loss of Rs. 18,500/- as purchased money of water purifier and compensation along with litigation cost,  total Rs. 1,18,500/-

The case of the complainant, in brief, is that he purchased a water purifier {Model – Xpert RO) of Eureka Forbes company on    06-08-2017 from Aditya Vision EB star Market Club Road Mithanpura Muzaffarpur, and the same was installed on 08-08-2017 by the supplier. The further case is that after two & three days of installation of the purifier, the RO become defective for which complainant   made complaint to the supplier for many times but the same was not repaired. Lastly the complainant requested the o.p to exchange the Ro with another RO and the same was repudiated by supplier   on   04-05-2018 whereas the RO is in warranty period, so complainant suffers mental and physical agony.

During course of proceedings o.p no.2 Eureka Forbes purifier Ltd. appeared on 14-06-2018 and he filed a petition on 03-11-2018, with the petition of complainant of the effect that the RO has been changed by new but he has not paid the compensation. In the petition o.p Eureka Forbes Ltd. has made prayer to dismiss or to make disposal of the case in the above light.

Both the parties have already been heard. On perusal of the record, it transpires that the complainant has filed a petition on dated 03-11-2018 that the R.O. has been exchanged by new by Eureka Forbes after one year of the complaint. Lastly, he has prayed for compensation. Grievance of the complainant has been redressed by the o.p No.-2 by exchanging RO by new. Now there is only question for deciding compensation regarding deficiency in service on the part of the o.ps. It is crystal clear that the o.p no.-2 has exchanged the RO after one year of the installation for which the complainant was forced to file this complaint petition and he has suffered with loss and cost of litigation.

In the circumstances the complaint petition is allowed with direction to the o.p no.-2 to pay Rs. 5000/- as compensation and litigation cost to the complainant within one month from the date of order failure he shall be liable to pay the compensation money along with 8 % Interest from the date of order till realisation.  

 
 
[HON'BLE MR. Anil Kumar Singh]
PRESIDENT
 
[HON'BLE MR. Dr. Narayan Bhagat]
MEMBER

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