Tamil Nadu

North Chennai

CC/41/2016

N.Raj kumar - Complainant(s)

Versus

Aqua Pura Plus pvt LTD - Opp.Party(s)

R.Kumaravel

11 Aug 2016

ORDER

                                                            Complaint presented on:  17.12.2015

                                                                Order pronounced on:  26.09.2016

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

MONDAY THE 26^th   DAY OF SEPTEMBER 2016

 

C.C.NO.41/2016

 

 

N.Rajkumar,

No.71, South Dhandapani Street,

T.Nagar,

Chennai – 600 017.

                                                                                       ..... Complainant

.Vs..

 

	M/s. Aqua Pure Plus Pvt. Ltd., Rep. by its Managing Director, No.16/148, V.V.Kovil Street, Thiruvalleswarar Nagar, Thirumangalam,Annanagar, Chennai – 600 040.
	.....Opposite Party

Date of complaint                                  24.03.2016

Counsel for Complainant                      : M/s.R.Kumaravel

Counsel for opposite parties                    : Ex - parte

 

 

 

 

 

 

O R D E R

 

BY MEMBER  TMT.T.KALAIYARASI,  B.A.B.L.,       

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IS IN BRIEF:

          The Complainant had purchased a Aqua Grand + RO System on 09.11.2014 from the Opposite Party for a consideration of Rs. 10,000/- The said unit was installed on 10.11.2014 at the residence of the Complainant. The Opposite Party also handed over user manual and warranty card to the Complainant at the time of installation. After 3 months the product started leaking on 26.06.2015 and after Complaint made by the Complainant the service officials of the Opposite Party attended the problem on 05.03.2015. Again it became defective on 10.03.2015 by producing tasteless water and the said defect attended after a week. Again the product did not work on 04.05.2015 and fault was attended only on 07.05.2015. Again another fault on 10.06.2015 and the Opposite Party  attended the fault after 20 days and without testing the water is coming out from the RO  system  and the technician left the place. The product is having an inherent defect and the Complainant issued legal notice and thereafter filed this Complaint for refund of the cost of product with compensation for mental agony and cost of the Complaint.    

2. The Opposite Party served notice, he did not appear on 27.04.2016 and hence the Opposite Party   called absent and set ex-parte.

 

          3. The Complainant had filed her proof affidavit. Ex.A1 to Ex.A5 was marked on the side of the Complainant.

          4. The Complainant had also filed written argument and oral argument of the Complainant was heard.

5. POINTS FOR CONSIDERATION

          1. Whether there is deficiency in service on the part of the opposite party?

          2. Whether the complainant is entitled to any relief? If so to what relief?

6. POINT NO :1

          The Complainant purchased a product of Aqua Pure + from the Opposite Party for a consideration of Rs.10,000/- under Ex.A1 on 09.11.2014  and the said product was installed on 10.11.2014 at the residence of the Opposite Party and at the time of installation the Opposite Party handed over the Ex.A2 user manual with one year warranty card to the Complainant  and however while using the product after 3 months on 26.02.2015 the product started leaking  and on 10.03.2015, 04.05.2015 again on 10.06.2015 the product was not functioning properly and on the Complaint of the Complainant the technician of the Opposite Party attended the problem every time with a week time delay and however the product was not rectified fully and hence  the Complainant  issued Ex.A4 legal notice and the same acknowledged by the Opposite Party under Ex.A5 and even after that they did not rectify  the product .  There is no contra evidence on behalf of the Opposite Party and hence the allegation of the Complainant that the product often became defective and not properly rectified is accepted. Therefore we hold that the product is having inherent defect and the Opposite Party has not serviced the product properly and hence the Opposite Party committed Deficiency in Service.      

 

 

 7. POINT NO: 2

          Since the product is not working properly the Complainant is entitled for refund of the cost of the product of Rs.10,000/- The defective product caused  mental agony to the Complainant is accepted and therefore it would be appropriate to order a sum of Rs.10,000/- towards compensation for mental agony and besides a sum of Rs.5,000/- towards litigation expenses.

          In the result the Complaint is partly allowed. The Opposite party is ordered to  refund a sum of Rs.10,000 /- (Rupees ten thousand only) towards the cost of the product to the Complainant and also to pay  a sum of Rs.10,000/- (Rupees  ten  thousand only) towards compensation for mental agony, besides a sum of Rs. 5,000/- (Rupees five thousand only)  towards litigation expenses.

The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of payment.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 26^th  day of September 2016.

 

MEMBER – II                                                               PRESIDENT

 

 

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 09.11.2014                   Aqua Pure Plus – Advance Receipt

Ex.A2 dated 10.11.2014                   Aqua Pure Plus – User Manual Book

Ex.A3 dated 14.01.2015                   Service Report Serious 11 numbers

Ex.A4 dated 23.08.2015                   Legal Notice issued by the Complainant to

                                                 Opposite Parties

 

Ex.A5 dated 13.09.2015                   Acknowledgement Card

 

MEMBER – II                                                               PRESIDENT