O R D E R

Sri.NishadThankappan (Member-II):

                   This complainant has filed this complaint u/s 35 of the Consumer Protection Act 2019 for getting a relief from the opposite party.

                    2. Mr.Shihab M filed this complaint before the commission seeking appropriate order.  The case of the complainant is that:

3. The complainant installed water purified at his newly constructed home.  He contacted the opposite party, based on advertisement, who supplies water purifying equipments under the brand name ‘Blue Pond Water Technologies Private Ltd.,’ The officials of the opposite party came to the house of the complainant and examined the purity of bore well water and informed to the complainant that the iron content of the water is at a high rate and it is not good for drinking purpose and daily use.  The opposite party further informed that, in order to purify the water from the bore well, there units of water purifier need to be installed and it will cost for an amount of Rs. 48,000/-.

4. On believing the words of the opposite party, the complainant had entrusted them to install the water purifier as they proposed.  On 12/03/2019, the technicians of the opposite party installed 3 units of water purifier near to water tank of the complainant’s home and the complainant had paid an amount of Rs. 48,000/- on the same day.  Between after the installation of the water purifier, the water did not get purified or its colour changed.  The complainant informed the opposite party about the malfunctioning of the purifying units.  The opposite party conducted some maintenance works but not yielded any result.  Hence the complainant requested to opposite party to take back the equipments and return the money.  But the opposite party didn’t turned positive result of the complainant. 

5. The opposite party had given bill of an amount of Rs. 35,000/- ,only though they received an amount of Rs. 48,000/.  They did not acknowledged the balance amount of Rs. 12,600/- even after the repeated demand of the complainant the opposite party failed to give the bill for remaining amount or returned the money to the complainant as he requested.  The complainant suffered much hardship loss and mental agony on the deficiency in service from the opposite party.  Hence this complaint.

                          6. Notice served from the commission to opposite party.  But they did not appear before the commission.  So they called absent and set ex-parte.

The point arise the consideration is:-

1. Whether there is any deficiency in service from the part of opposite party?
2. What relief the complainant is entitled to?

    7.  In order to substantiate the contention of the petitioner he had filed proof affidavit along with the document Ext. A1 to A2 marked and Commission Report marked as C1 series.  Ext. A1 is the cash bill given by the opposite party and Ext. A2 is the delivery chellan of the water purifier.

     8.  An overall reading to the entire facts and circumstances of this case.  We are of the strong view that the complainant allegations are to be treated as reasonable one.  All the issues are found in favour of the complainant. 

                        9. In the result we pass the following order:-

                             Hence the petition allowed.  The opposite party is directed to pay the price of water purifier Rs. 48,000/- (Rupees Forty Eight Thousand only) to the complainant and Rs. 10,000/- (Rupees Ten Thousand only) as compensation along with the cost of Rs. 5,000/- (Rupees Five Thousand only) to the complainant within 30 days from the date of receipt of this order failing which the amount shall carry 10% interest per annum from the date of till it’s realization. 

     Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 16^th day of March, 2021.    

                                                                            (Sd/-)

                                                                             NishadThankappan

                                                                                             (Member-II) 

Sri.George Baby(President)              :   (Sd/-)

Smt. N. ShajithaBeevi (Member-I)    :  (Sd/-)

Appendix:

Witness examined on the side of the complainant:

PW1:Shihab

Exhibits marked on the side of the complainant:

A1:delivery chellan of the water purifier

A2: cash bill given by the opposite party

Witness examined on the side of the opposite parties: Nil.

Exhibits marked on the side of the opposite parties: Nil.

Court Witness: Nil.

Court Exhibit:

C1: Commission Report

Copy to:- (1) Shihab M,

Kochuparambil House,

Kulashekharapathi,Pathanamthitta Village,

Pathanamthitta.

                             (2) The Manager,

Blue Pond Water Technologies Pvt. Ltd.,

15/547, Peringadu, Near S.H. Convent,

Thellakom P.O, Kottayam – 686630.

(3) The Stock File.