Date of Order : 31.01.2017
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to refund the total price of Bajaj Majesty IQ plus 25 ltr. along with 18% interest.
- To direct the opposite parties to pay Rs. 25,000/- ( Rs. Twenty Five Thousand only ) as compensation.
- To direct the opposite parties to pay Rs. 10,000/- ( Rs. Ten Thousand only ) as litigation costs.
- Brief facts of the case which led to the filing of complaint are as follows:-
The complainant has asserted that he has purchased a Bajaj Majesty IQ plus 25 ltr. Geyser on 19.11.2010 from opposite party no. 3 vide annexure – 1. After purchasing, the said water heater was installed and operated as per instruction given in the user and care manual. At the time of purchase the said water heater guarantee card vide annexure – 2 was also provided whereby and where under it is specifically mentioned that there is two years guarantee.
It is further alleged that in the month of Nov. 2010 the complainant found that the said water heater was not functioning properly and hence he immediately lodged complaint with opposite party no. 3 but no action was taken rather he was directed by opposite party no. 3 to approach customer care situated at Lohia Nagar, Patna. Thereafter the complainant visited the office of customer care and brought into notice the defect of water heater. Thereafter the said water heater was examined by engineer/technician of the opposite parties and after three days the said appliance (water heater) was delivered to complainant. The complainant thereafter noticed that the defect pointed by him has not been rectified. The complainant thereafter lodged the complaint with opposite party no. 4 and requested to rectify the defect.
It appears that after making several repeated request the service call slip was provided to the complainant but till date the said item has not been delivered to the complainant after removing the defect. The said service call slip has been annexed as annexure – 3.
The complainant has asserted that despite his repeated request no action has been taken either by opposite party no. 1 or by opposite party no. 4.
From record it appears that this case was filed on 04.02.2012 and the opposite parties were informed by notice. This case was also placed in the Lok Adalat but the opposite parties did not turned up. When the registered notice sent to the opposite parties did not returned then vide order dated 29.07.2005 the valid tamila was declared and the opposite parties were given sufficient time to file written statement but when they did not choose to appear in the Forum then this case was heard as ex – parte on 12.01.2017 and this order is being passed.
It is needless to say that the complainant has purchased water heater vide annexure – 1 and when the defect occurred in the aforesaid water heater the complainant approached opposite parties but his grievance has not been redressed. From annexure – 3 it appears that the aforesaid water heater was received by customer care dealer on 20.01.2012 and the defect was tank leakage.
As there is no counter version of the aforesaid fact mentioned in the complaint petition hence we have no option but to accept the fact asserted by the complainant on oath which clearly discloses deficiency on the part of opposite parties.
For the reason stated above we direct opposite party no. 3 to return the total price of the aforesaid water heater i.e. Rs. 72,00/- to the complainant within the period of two months from the date of receipt of this order or certified copy of this order failing which the opposite party no. 3 will have to pay an interest @ 10% on the said amount till its final payment.
As there is deficiency on the part of other opposite parties also hence the opposite party no. 3 is at liberty to realise the aforesaid amount in proportionate from other opposite parties.
It appears from annexure – 3 that the aforesaid water heater has already been deposited with opposite party no. 4 on 20.01.2012. the opposite party no. 3 will have right to take the custody of water heater from opposite party no. 4 at the time of payment of aforesaid amount to the complainant, if the same is in the custody of opposite party no. 4.
Opposite parties are further directed to pay Rs. 3,000/- ( Rs. Three Thousand only ) to the complainant by way of compensation and litigation costs within the period of two months.
Accordingly this complaint stands allowed to the extent referred above.
Member President
