Andhra Pradesh

Chittoor-II at triputi

CC/5/2016

Dr.B.Manikarnika, W/o. Dr.E.R.Harikrishna, J.K. Hospitals - Complainant(s)

Versus

Dinesh Sai, Proprietor of Sai Sonalika Aqua Technologies, - Opp.Party(s)

C.Vijaya kumar, M.Giribabu

01 Sep 2016

ORDER

 

 

                                                                                                Filing Date:-22-01-2016                                                                                                               Order Date:  01-09-2016

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, CHITTOOR AT TIRUPATI.

Present: - Sri. Ramakrishnaiah, President

                                                       Smt. T. Anitha, Member

 

       THURSDAY, THE FIRST DAY OF SEPTEMBER, TWO THOUSAND AND

SIXTEEN

C.C.No.05/2016

Between

Dr. B. Manikarnika,

W/o. Dr.E.R.Harikrishna, J.K. Hospitals,

D.No. 22-4-62/3, Road No.4,

Tirumala Reddy Nagar,

Besides Kasimutt,

Tirupati, Chittoor District.                                                               … Complainant

 

And

Dinesh Sai,

Proprietor of Sai Sonalika Aqua Technologies,

D.No. 4-87, Nehru Nagar,

Besides I.S.Mahal,

Tirupati.                                                                                        … Opposite party

 

         This complaint coming on before us for final hearing on 19.08.2016 and upon perusing the complaint, written arguments of the complainant and opposite party and other relevant material papers on record and on hearing of Sri.M.Giri Babu, counsel for the complainant and opposite party is remained exparte having stood over till this day for consideration, the Forum made the following.

ORDER

DELIVERED BY SMT. T. ANITHA, MEMBER

ON BEHALF OF THE BENCH

         This complaint is filed under Sections 12 and 14 of the Consumer Protection Act, 1986, complaining the deficiency of service on part of the opposite party and prayed this Forum to direct the opposite party to replace the Water Softeners1465 vessel with resin and bag filter in place of the product supplied by the opposite party or to refund the cost of the product and to pay damages of Rs.45,000/- for mental agony.

        2. The brief facts of the case are: The complainant purchased the water softener 1465 vessel with resin and bag filter from the shop of the opposite party for Rs.55,000/- on 05.10.2015 and obtained a bill and same was installed in the hospital of the complainant in order to provide pure water to the patients who came for the treatment. The complainant further submits that from the day one of the installment the above softener is not working properly and the water is leaking from the machine. The complainant immediately approached the opposite party and complained the same. But the opposite party failed to attend for service and repair the water softener even after repeated requests made by the complainant. Hence finally she issued a legal notice to the opposite party calling upon him to rectify the defect. Even after receipt of the said notice the opposite party failed to rectify the same which is nothing but deficiency of service on part of the opposite party. Hence he filed the present complaint.

        3.  The complainant filed his evidence on affidavit and Ex.A1to A4 was marked. Written arguments of the complainant filed and oral arguments were heard.

       4.  Now the points for consideration are:

              (i)  Whether there is any deficiency of service on part of the opposite party?            

             (ii)  Whether the complainant is entitled for the reliefs as prayed for?            

             (iii)  To what Result?

        5. Point No:-(i).  As per the contention of the complainant from the date of the installation the above said water purifier is not working properly and the water is leaking from the machine. Hence she approached the opposite party several times for getting it repaired, but the opposite party failed to attend the service and rectify the defect. It clearly shows the attitude of the opposite party and the interest shown while promoting the sales was not shown at the time of rendering the service to their products which is nothing but unfair trade practice and deficiency of service. If at all there are any bonafides on their part they might have appear before this Forum and prove their bonafides, but in this particular case they failed to appear even after receipt of the notices issued by this Forum. But after receipt of the notices the opposite party remained exparte and unchallenged the contentions of the complainant which is nothing but accepting the contentions of the complainant. Hence there is clear deficiency of service on part of the opposite party towards the complainant.

        6. Point(ii):-  The complainant purchased the above said water purifier in order to provide pure water to the patients who came for treatment, but from the ‘day one’ of the purchase the above said machine is not working properly and unable to supply pure water to their patients and also the opposite party even after repeated requests made by the complainant  the opposite party failed to attend the service and rectify the defect. Hence due to inaction of the opposite party the complainant suffered a lot both psychologically and financially. Hence due to the above circumstances it is better to award the refund of the product instead of replacing the product. Hence the complainant is entitled of Rs.55,000/- the cost of the product with interest @ 9% from the date of the complaint till realization and the complainant is also entitled for Rs.5,000/- towards damages for mental agony and deficiency of service and also costs of the litigation Rs.2,000/-.

         7.Point (iii):-    In the result, the complaint is allowed in part directing the opposite party to refund the cost of the product Rs.55,000/- (rupees fifty five thousand only) and to pay a sum of Rs.5,000/- (rupees five thousand only) towards compensation and also to pay a sum of Rs.2,000/- (rupees two thousand only) towards litigation expenses to the complainant. The opposite party further directed to comply with the order within six (6) weeks from the date of receipt of copy of this order. Failing which the compensation amount of Rs.5,000/- (rupees five thousand only) shall carry interest @ 9% p.a. from the date of the complaint till realization.                                                                                    

         Dictated to the stenographer, transcribed and typed by her, corrected and pronounced by me in the Open Forum this the 01^st day of September, 2016.

 

         Sd/-                                                                                                            Sd/-                                                                                     

  Lady Member                                                                                                             President

APPENDIX OF EVIDENCE

 

Witnesses Examined on behalf of Complainant.

 

PW-1: Dr.B.Manikarnika (Chief Affidavit filed).

 

Witnesses Examined on behalf of Opposite PartIES.

 

-NIL-

 

EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT

 

Exhibits (Ex.A)	Description of Documents
	Photo copy of Cash Vouchers for the Water Softener. Dt: 05.10.2015.
	Original copy of Warranty letter issued by the opposite party to the complainant. Dt: 05.10.2015.
	Office copy of legal notice dated 19.12.2015 issued by the complainant to the opposite party.
	Acknowledgment dated 29.12.2015.

 

EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTIES

 

     -NIL-

 

                              Sd/-

                                                                                                                           President

 

 

                                                                 // TRUE COPY //

// BY ORDER //

 

 

Head Clerk/Sheristadar,

                                                 Dist. Consumer Forum-II, Tirupati

 

 

 

Copies to:  The Complainant

                  The Opposite party.