Consumer Case No.61/S/2014
Order No.19
Dt.20.11.15. The case is taken up for ex-parte order.
The case of the complainant in a nutshell is that the complainant purchased a water purification equipment containing water pump set from the OP No.1 through the OP No.2 with Rs.1,27,000/- but no tax invoice was issued by the OP No.1 except two money receipts being no.00953 dated 27.10.2013 and 00129 dated 28.10.2013 against the advance payment of Rs.10,000/- and Rs.60,000/- towards the total consideration price. On 01.11.2013 the OP No.1 installed the water treatment plant at “Swapna Industry” the complainant here in for the purpose of earning lively hood through self employment. The OP No.2 charged Rs.8,000/- from the complainant for the installation of the water treatment plant but without money receipt. Within one month the complainant came to know that the water purification equipment did not function properly and various complaint were received from the persons to whom he distributed the water. The complainant informed the matter to the OPs and demanded for replacement of the equipment but the OP did not respond. Accordingly, the complainant filed this case praying for giving direction to the OP No.1 to replace the water purification equipment or to refund total consideration of Rs.1,27,000/- along with installation charge of Rs.8,000/- and some other reliefs.
The case proceeds ex-parte against the OPs.
The complainant files following documents in support of his contention.
- Money Receipt being No.00953 dated 27.10.2013;
- Money Receipt being No.00129 dated 28.10.20132 and
- Warranty Card being No.WPJ/39A/13 dated 01.11.2013.
The complainant led evidence narration the incident in terms of the complaint.
The complainant purchased a pump set with Rs.1,27,000/- from the OP No.1 for earning his livelihood through self employment. Two money receipts of advance payment towards the total consideration price of Rs.1,27,000/- and one year warrantee card furnished by the complainant shows that the complainant is a consumer under The Consumer Protection Act, 1986, and both the office of the OPs situates within the jurisdiction of this Forum. The claim of the complainant is within the pecuniary
Contd…..P/2
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jurisdiction of this Forum. Hence, the case is well maintainable in this Forum.
The complainant purchased the water purification equipment from the OP No.1 through OP No.2 with a consideration of Rs.1,27,000/- & installed it for the purpose of earning his livelihood through self employment. But instead of one year warrantee, the pump set did not function properly.
(1) The complainant demanded for replacement of the equipment, but OPs did not respond.
(2) Various complaints are received by the complainant from the persons to whom he distributed the water. From their letter the complainant came to know about the unsatisfactory purification of water with presence of moss, iron, awful smell and taste in it. The complainant files such 10 nos complaints in support of his contention or to prove it.
(3) Report from the Executive Engineer of Siliguri water supply division shows that presence of iron in this water 0.55/mg where as 0.1/mg is the acceptable limit. It is much more from the acceptable limit.
The problem arose within the warrantee period. Photographs of the drinking water of M/s Swapna Industry shows that the water is not proper.
There is nothing to disbelieve from all the documents filed by the complainant as the OPs did not come forward to contest the case.
From the above discussion the Forum is of the view that the complainant succeeds to prove his case.
The price of the water purification equipment containing water pump set is Rs.1,27,000/-. The complainant is entitled to get it and its installation charge of Rs.8,000/-, totalling Rs.1,35,000/- or entitled to get replacement of the water pump set with a new water pump set and reinstallation the new water pump set at the ‘Swapna Industry’ with compensation of Rs.10,000/- for financial loss, mental agony and sufferings.
The Forum allow Rs.5,000/- towards legal proceedings to the complainant.
Hence, it is,
O R D E R E D
that the Consumer Case No.61/S/2014 be and the same is allowed ex-parte against the OP No.1 and OP No. 2.
Contd…..P/3
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The OP No.1 and the OP No.2 are directed to pay jointly and severally Rs.1,27,000/- for the consideration price of the pump set and its installation charge of Rs.8,000/- totalling Rs.1,35,000/- or to replace the water pump set with a new water pump set and reinstallation the new water pump set at the Swapna Industry, the complainant herein.
The complainant is further entitled to get Rs.10,000/- towards financial loss, mental agony and sufferings.
The OP Nos.1 & 2 are directed to pay Rs.10,000/- by issuing account payee cheque in the name of the complainant for his financial loss, mental agony and sufferings.
The OP Nos.1 & 2 are also directed to pay Rs.5,000/- to the complainant towards the legal proceedings to the complainant.
The OP Nos.1 & 2 are directed to pay the above sum within 45 days failing which the complainant also entitled to have interest of the above sum at the rate of 9% per annum from the date of this order till realization.
In case of default of payment, as ordered above, the complainant is at liberty to execute this order through this Forum as per law.
Copies of this order be supplied to the complainant free of cost.
-Member- -President-
