Dated : 21 Oct 2022

 FACTS

This is a complaint under the Consumer Protection Act, 2019 made by the complainant against the Opposite Parties. According to complainant, on being induced by the water publicity about the KENT water purifier he had purchased one KENT water purifier being model KENT Grand+ on 21/04/2010 manufactured by Opposite Party No. 2 from the seller one “Ramdeo Trading Company, at P- 36, India Exchange Place, Extn., Kolkata- 700001” at a consideration of Rs.13,700/- for domestic purpose. He had also regular maintenance of the said water purifier from the authorized service centre of Opposite Party No. 2. The last renewal of AMC (Annual Maintenance Contract) was done on 30/10/2019 at Rs.5,700/- which remained valid till 29/10/2020. Since April, 2020 he is facing problem in a regular way in using the said water purifier and found sometimes water was not coming or overflow of tank and discharging bad quality of water etc. and on complaint the technician of Opposite Party No. 1 is placed but could not remove the problem though changed various parts of the water purifier and ultimately, the technician took away the water pump with him for getting it repaired. After a few days, the technician came back and gave one repaired pump to the water purifier machine which seemed to be not the one he had taken from the machine. On 20^th August, 2020 complainant detected one big insect inside the purifier’s water tank and immediately made complaint with Opposite Party No. 1 but during next two days no one came to trace the problem. Ultimately, complainant was compelled to talk to the service head of Opposite Party No. 1, Mr. Basudev Sarkar and thereafter, one technician came who seemed to have taken the incident very casually.

So, the complainant alleging deficiency in service against the Opposite Parties in providing quality of water through the water purifier, also alleging manufacturing defect filed this complaint and prayed for a direction upon the Opposite Parties to refund the amount of AMC of Rs.5,700/- with interest @ 10 % p.a  and also for refund of the amount of the price of the said water purifier along with interest. Complainant also prayed for compensation to the tune of Rs.1,00,000/- from the Opposite Parties.

Be it noted here that this complaint was initially filed before the Additional Consumer Disputes Redressal Commission, Rajarhat (New Town) as Complaint Case No. 226/2020. However, subsequently following the direction of Hon’ble State Consumer Disputes Redressal Commission this case was received on transfer from the said ACDRC, Rajarhat (New Town).

Opposite Parties did not appear and contest this case by filing written objection and evidence. So, this case was heard against all the Opposite Parties.

            Complainant filed his evidence-in-chief, produced documents and also submitted Brief Notes of Argument.

            Now the point for consideration is if the complainant is entitled to get any relief(s) in this case.

DECISIONS WITH REASONS:

We have carefully perused all the documents and the annexures filed therein. There is no doubt that the complainant had purchased one KENT water purifier from “Ramdeo Trading Company” vide Bill No. 21750 dt. 21/04/2010. It is also a fact that the complainant had paid Rs.5700/- to Opposite Party No. 1 and both parties executed Annual Maintenance Contract to which Opposite Party No. 1 issued receipt being No. 4279 dt. 30/10/2019 stating very clearly that the validity of the said AMC is up to 29/10/2020.

            Further scrutiny of the terms and conditions mentioned overleaf of the AMC, certain points were noticed under the terms and conditions as mentioned below:

Point No. 2 of AMC:

“Under this clause mandatory service would be provided under AMC period at customer’s site and any other additional visits during the contract period as and when required in the event of any break down/mal-functioning of the equipment of intimation in this regard by the customer to our service centre. Electrical parts like motor, SMPS, SV, Choke, low pressure and high pressure switch will be covered under free repair. All other parts or spares will be charged separately as per the prevailing MRP Price of KENT company.”

Point No. 6 of AMC:

“Every visit by our authorized service technician will be made within reasonable time from receipt of a complain for break down of the equipment and will be made during working hours of our service department and no visits will be made on holidays (except urgent basis).”

            In the instant case the complainant made repeated complaints about the mal-functioning of the purifier but even after repeated visits by the technician of the Opposite Party No. 1, the problem for the said purifier machine in question, was not resolved for which the complainant and his family were not able to drink water after spending huge money for purchasing this machine followed by yearly AMC.

Moreover, the instant case remains unchallenged and unrebutted also.

            Accordingly, we are of the view that there was certainly a deficiency in service and unfair trade practice on the part of the OPs.

            The complainant has alleged that an insect was found into the water tank which was alive and was shown to the technician of the Opposite Parties who took it very casually. But no scrap of paper showing report from technical expert has been filed along with the complaint petition in support of his contention, except a copy of Xerox photo.

So, we are not inclined to pass any direction upon the Opposite Parties for payment to the complainant towards cost of punitive damages.

            Considering the facts and circumstances and the materials on record, we are of the view that the complainant has succeeded in proving his case.

Therefore, we opined it would be just and proper if a direction be given upon the Opposite Parties to refund Rs.5,700/- along with interest and Rs.5000/- towards cost of litigation.

Hence,                it   is

ORDERED

That the instant case be and the same is allowed ex parte against the Opposite Parties.

Opposite Parties are directed to refund Rs.5700/- (Rupees Five Thousand Seven Hundred Only) along with interest @ 9 % from the date of last AMC being Receipt No. 4279 dt. 30/10/2019 along with litigation cost of Rs.5000/- (Rupees Five Thousand Only), until realization in full.

Opposite Parties are directed to pay the awarded amount to the complainant within 45 days from the date of this order.

The Opposite Parties are jointly and severally liable to pay the awarded amount.

If the aforesaid order is not complied by the Opposite Parties within the stipulated time, the complainant shall be at liberty to proceed in accordance with law.