Delhi

East Delhi

CC/789/2014

PRADEEP KUMAR - Complainant(s)

Versus

AQUA ROYAL - Opp.Party(s)

17 Jul 2017

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. NO.789/14

Mr.PRADEEEP KUMAR

R/O 102A, OLD TAZAB MILL,

BHOLA NATH NAGAR,

SHAHDARA, DELHI-110032                                                                    ….Complainant

•  

M/S AQUA ROYAL SERVICES,

P-203, 2^ND FLOOR, ADITYA TOWER,

O & P BLOCK MARKET,

DILSHAD GARDEN, DELHI-110095                                                       ….Opponent

 

Date of Institution: 28.08.2014

Judgment Reserved for: 17.07.2017

Judgment Passed on: 26.07.2017

CORUM:

Sh. SUKHDEV SINGH                  (PRESIDENT)

Dr. P.N. TIWARI                          (MEMBER

Ms. HARPREET KAUR CHARYA (MEMBER)

 

ORDER BY: HARPREET KAUR CHARYA (MEMBER)

JUDGEMENT

1. Jurisdiction of this forum has been invoked by Shri Pradeep Kumar (Complainant) against “M/S Aqua Royal Services” (OP), with allegations of deficiency in services.
2. Facts in brief are that the complainant had filed a complaint bearing                     CC.No. 851/12, which was disposed of by order dated 23/01/2014, wherein the OP was directed to service the water purifier, replace the defective electric chock free of cost and any other spare parts and put the water purifier back into proper working condition together with Rs.5,000/- as compensation for mental agony and harassment meted out by complainant including the cost of litigation.  Further, directions were given to the respondent to renew the service contract for 15 months reckoning from the date of which it renders the water purifier back into proper working conditions to satisfaction of the complainant and adjust the subscription amount of Rs.2,600/- against the renewed contract. It was duly complied by OP in execution petition No. 282/14 and fresh contract as per the direction was entered into for which receipt No. 2217 dated 05/06/2014 was issued. Complainant has stated that the problem in the purifier started within 2 months from the start of the fresh contract and the same was lying in non working condition. Despite several calls and messages the defect in the water purifier was not removed. It is also stated that due to this, the complainant was constrained to purchase drinking water from the market. Hence, the present complaint seeking for direction to OP to make payment of new water purifier, refund Rs.2,600/- amount of service contract and reimburse of cost of water purchased from the market.
3. The complainant has annexed proof of purchase of drinking water, printout depicting cost of new water purifier, renewal of annual maintenance contract for a period from 05/06/2014 to 04/09/2015, order dated 23/01/2014 in                CC.No. 851/12 as annexure-2, AMC for a period from 28/05/2012 to 27/08/2014.
4. Notice of the present complaint was served upon OP. Despite opportunity they did not file any reply nor evidence.
5. The complainant filed his evidence by way of affidavit where he stated the facts present in the complaint and relied upon Ex.CW-1/1 copy of the voter ID of the complainant, Ex.CW-1/2 contract receipt No. 2005, Ex.CW-1/3 copy of the order by Forum in CC.No.851/12, Ex.CW-1/4 receipt of renewed contract as per direction of Forum, Ex.CW-1/5 copies of the complaints made through SMS and calls and Ex.CW-1/6 photocopies of the bills of purchased water from the market.
6. We have heard and perused the material placed on record. The complainant has annexed SMS details regarding the complaint of nonworking of the water purifier within the contract period which was from 05/06/2014 to 04/09/2015 and the complainant was entitled to get total six services which is evident from Ex.CW-1/4. If the complainant had any problem with working of water purifier he was entitled to get the same rectified from OP as there was annual maintenance contract. Violation on the part of OP to deliver the services as promised amounts to deficiency in services. Therefore, we direct OP to refund the amount of Rs.2600/- paid in lieu of AMC to the complainant. We also award Rs.7,500/- as compensation for harassment and mental agony, as the complainant was forced to purchase water from the market. The said order be complied within 30 days, in case OP fails to comply the order within 30 days, the above said awarded amount shall carry 9% interest from the date of order till realization. 

Copy of this order be sent to both the parties as per law.  

 

 

 

(Dr. P.N. TIWARI)                                                (HARPREET KAUR CHARYA)              

      MEMBER                                                                    MEMBER

 

 

                                          (SUKHDEV SINGH)

                                                     PRESIDENT