Delhi

East Delhi

CC/365/2015

JALAJ BHUSHAN - Complainant(s)

Versus

DASHMESH ELEC. - Opp.Party(s)

07 Oct 2016

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 365/15

 

Shri Jalaj Bhushan

S/o Shri Bharat Bhushan

R/o 77-C, Pocket – F

Mayur Vihar Phase – II,

Delhi – 110 091                                                                               ….Complainant

Vs.

1. Dashmesh Electronics

Through its Proprietor

Shop No. 12, Main Market

Pandav Nagar, Delhi – 110 092.

 

2. Eureka Forbes Ltd.

Through its Principal Officcer / Director

B-1/B-2, 701, 7^th Floor

Marathon Nextgen Innova

Office Ganapatrao Kadam Marg

Tower Parel, Mumbai – 400 013

 

3. FORBES Aquatech Ltd.

Through its Principal Officer/Director

Lal Tappar Industrial Area

Majjri Grant, Dehradun-Haridwar Highway

Dehradun, Uttrakhand – 248 140                                            ….Opponents

 

Date of Institution: 28.05.2015

Judgment Reserved for : 07.10.2016

Judgment Passed on : 20.10.2016

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By : Ms. Harpreet Kaur Charya (Member)

JUDGEMENT

            The present complaint pertains to defective water filter sold by OP-1 Dashmesh Electronics, retailer, OP-2 Eureka Forbes Ltd., the authorised service centre and OP-3 Forbes Aquatech Ltd. the manufacturer. 

2.         Facts that flow from complaint are that the complainant purchased one Aquasure Galaxy (storage water filer) from OP-1 on 05.07.2014 for Rs. 2,100/- vide retail invoice no. 141500475.  On 25.07.2014, when the box was opened by the complainant to use the said water filter the product was not working, for which he lodged complaint no. 77410238, but no one visited to remove the defect.  Again a reminder was given on 31.07.2014 for which complaint no. 9999000103 was given to the complainant.  On the same day, a technician visited the complainant and informed that due to minor problem the filter was not functioning and with change of part, it will work properly.  Another complaint was made on 22.09.2014 vide complaint no. 78286676, when the defective part of the water filter was changed, but defect could not be cured, thereafter complainant made several complaints dated 26.09.2014, for which complaint no. 78349736 was given, 30.10.2014 complaint no. 78842872 complaint no. 79000738 dated 11.11.2014.  Technician visited the complaint on 13.11.2014 and 24.01.2015, but defect was not removed.  Grievance of the complainant was not addressed despite legal notice dated 21.03.2015.  Therefore, the complainant has filed this complaint praying for refund or replacement of the defective water filter, Rs. 1,00,000/- as compensation towards mental agony, harassment and Rs. 11,000/- as cost of litigation. 

3.         Notice of the complainant was served on all the OPs as none appeared on behalf of OPs, thus, they were proceeded ex-parte.  Complainant has filed evidence by way of affidavit, where Shri Jalaj Bhushan has deposed on behalf of the complainant.  He has reproduced the averments made in the complaint and has relied on retail invoice dated 05.07.2014. 

4.         We have heard the submissions on behalf of Ld. Counsel for the complainant and have perused the material placed on record.    As none of the OPs have appeared, the averments made in the complaint remain uncontroverted.  The OP has failed to remove the defect in the water storage filter despite numerous complaints.  Thus, OP-3, the manufacturer is directed to replace the defective water storage filter.  OP-3 is also directed to pay Rs. 2,500/- as compensation.  This shall include cost of litigation.  The order be complied within 30 days from the receipt of order.

            Copy of the order be supplied to the parties as per rules.

File be consigned to Record Room.

 

 

(DR. P.N. TIWARI)                                                 (HARPREET KAUR CHARYA)

Member                                                                                  Member       

     

      (SUKHDEV SINGH)

             President