Chandigarh

DF-II

CC/912/2019

Gurdeep Singh - Complainant(s)

Versus

Authorised Representative, M/s Eureka Forbes - Opp.Party(s)

In Person

04 May 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	912 of 2019
Date  of  Institution	:	09.09.2019
Date   of   Decision	:	04.05.2022

 

 

 

 

 

Gurdeep Singh son of S.Gian Singh, House No.3275, Sector 35-D, Chandigarh.

 

             …..Complainant

 

Versus

1]  Authorized Representative, M/s Eureka Forbes, SCO 14, 1^st Floor, Madhya Marg, Sector 7-C, Chandigarh 160019

2]  Authorised Representative, M/s Meharsons Electronics Pvt. Ltd., Chandigarh, SCOI 1096, Sector 22-B, Near IndusInd Bank, Chandigarh 160022

    ….. Opposite Parties

 

BEFORE:  SMT.PRITI MALHOTRA    PRESIDING MEMBER 

                    SH.B.M.SHARMA                 MEMBER

                               

Argued by  : Complainant in person.

   None for OPs

              (Defence of OPs struck off.)

 

PER PRITI MALHOTRA, PRESIDING MEMBER

 

         Concisely put, the complainant purchased a Eureka Forbes Water Purifier from OP No.2 on 26.3.2019 for an amount of Rs.11,500/- (Ann.C-1).  It is averred that the technician of the OP Company while installing the said purifier on 28.3.2019 charged an amount of Rs.700/- more from the complainant for mandatory pre-filter.  However, despite of all that the Water Purifier did not work and it started overflowing.  The matter was reported to OPs whereupon their technician checked & repaired the purifier, but on very next day of repair, the purifier stopped working.  The matter was again reported to OPs and the official of OPs checked the purifier and told the complainant that the purifier will not work properly on second floor of complainant’s house as pressure water is required to run the machine.  It is stated that the complainant also provided pressurized water by installing a water pump, but despite that the purifier did not work even in the present of technician of OPs.  It is submitted that the complainant kept on reporting the problem in the purifier to OPs time & again but the OPs stopped entertaining his complaints (Ann.C-3 to C-4). The complainant also sent notice to OPs through email (Ann.C-5 & C-6), but to no avail.  Hence, this complaint.

 

2]       The OPs though put in appearance through their representatives i.e. Sh.Ripudman Singh,Service Manager of OP No.1 & Sh.Daljit Singh, Authorised Agent of OP No.2, but did not file reply & evidence despite numerous adjournments nor appeared thereafter since May, 2020, hence their defence was struck off vide order dated 01.11.2021.

 

3]       Complainant led evidence in support of his contentions.

 

4]       We have heard the complainant and have perused the entire record.  

 

5]       The complainant has proved his case by leading sufficient documentary evidence with regard to purchase of machine in question as Ann.C-1 for an amount of Rs.11,500/-, its installation and payment of Rs.700/- towards pre-filter vide Ann.C-2 and sending of emails (Ann.C-3 to C-6) with regard to problem in the machine. 

 

6]       The complainant has duly proved the case by way of corroborative evidence and also filed duly sworn affidavit in support of the allegations set-out in the complaint, which goes unrebutted and unopposed in the absence of Opposite Party.

7]       It is observed that the OPs did not file reply & evidence despite putting in appearance through their representatives to contradict the allegations set out in the present complaint, which raised a reasonable presumption that the Opposite Parties have failed to render due service to the complainant and have nothing to contradict meaning thereby that it duly admits the claim of the complainant.  

8]       From the above discussion and findings, we are of the opinion that the deficiency in service has been proved on the part of OPs. Therefore, the present complaint is allowed with direction to the Opposite Parties to jointly & severally refund the entire amount so received from the complainant towards machine in question and its installation i.e. R.12,200/-.         

         This order shall be complied with by the OPs jointly & severally within a period of 30 days from the date of receipt of copy of this order, failing which they shall also be liable to pay additional cost of Rs.10,000/- apart from above relief.

         Certified copy of this order be sent to the parties, free of charge. After compliance, file be consigned to record room.

Announced

4^th May, 2022                                                                          

Sd/-

 (PRITI MALHOTRA)

PRESIDING MEMBER

 

Sd/-

(B.M.SHARMA)

MEMBER