Punjab

Ludhiana

CC/20/50

Ravi Verma - Complainant(s)

Versus

Blue Drop Water Technology - Opp.Party(s)

Gagandeep Adv.

19 Aug 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 50 dated 03.02.2020.                                                Date of decision: 19.08.2021. 

 

Ravi Verma, Advocate son of Shri Om Parkash, resident of House No.8950, Street No.36, Kot Mangal Singh, Ludhiana.                                                                                                                                               ..…Complainant

                             Versus

1. Blue Drop Water Technology Scooter Market, Campa Cola Chowk, Gill Road, Ludhiana-141003 through its authorized signatory Sanjeev Chopra.
2. Sanjeev Chopra, Authorized signatory Blue Drop Water Technology Scooter Market, Campa Cola Chowk, Gill Road, Ludhiana-141003.                                                                 …..Opposite parties 

 

Complaint under Section 12 of the Consumer Protection Act, 1986.

QUORUM:

SH. K.K. KAREER, PRESIDENT

MS. JYOTSNA THATAI, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainants            :         Sh. Gagandeep Singh, Advocate

For OPs                          :         Exparte.

ORDER

PER K.K. KAREER, PRESIDENT

1.                Shorn of the unnecessary details, the case of the complainant is that he purchased one water filter for a sale consideration of Rs.7200/- on 19.06.2019 vide challan bearing No.1. The complainant was told that the water filter would have one year warrantee from 19.06.2019 to 19.06.2020. After few days, the water filter stopped working. As a result, the complainant contacted the Ops and an employee of OPs visited the house of the complainant. After checking the water filter, the said employee told the complainant that it would not give any problem in future. However, the water filter again started giving problems and this happened 7-8 times. The complainant approached the OPs a number of times, but they kept on lingering the matter on one pretext or the other. Feeling frustrated, the complainant handed over water filter to the OPs, but the OPs returned the same to the complainant after 5 days saying that the filter has been repaired. However, the problem could not be resolved. The complainant served a legal notice calling upon the OPs to replace the water filter or refund the amount of Rs.7200/-, but to no avail. Hence the complaint whereby a request has been made that OPs be directed to replace the water filter with a new one or in the alternative be directed to refund the amount of Rs7200/-. The complainant has further prayed for a compensation of Rs.50,000./- and litigation expenses of rs.5,500/-.

2.                Upon notice, the OPs did not appear despite service and were proceeded against exparte.

3.                In evidence, the complainant submitted his affidavit as Ex. CA along with documents Ex. P1 to Ex. P3 and closed the evidence.

4.                We have heard the learned counsel for the complainant and have also gone through records.

5.                It has been claimed by the complainant that he purchased one water filter for a sum of Rs7200/- on 19.06.2019, but it did not work properly and the complainant had to lodge repeated complaints with the OPs and despite that the filter could not be repaired. The complainant has placed on record the sale invoice Ex. C2 issued by OP1. The exparte evidence has gone un-rebutted on the file as the OPs did not choose to contest the case. As per the document Ex. P3, the water filter carried a warrantee of one year and accordingly, the OPs were under bounden duty to assure that the product functioned properly at least for a period of one year. In these circumstances, in our considered view, it would be just and proper if the OPs are directed to repair the product within a period of 30 days and in case the OPs are unable to repair the same, they will refund the amount of Rs.7,200/- to the complainant along with composite compensation of Rs.2,000/-.

6.                As a result of above discussion, the complaint is exparte allowed with an order that the OPs shall repair the water filter free of costs within period of 30 days from the date of receipt of copy of this order and in case OPs are unable to repair the same, they would refund Rs.7,200/- to the complainant along with composite compensation of Rs.2,000/- (Rupees Two Thousand only) to the complainant. Compliance of the order be made within 30 days from the date of receipt of copy of order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.         

7.                Due to rush of work and spread of COVID-19, the case could not be decided within statutory period.

 

                             (Jyotsna Thatai)                              (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:19.08.2021.

Gobind Ram.