DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB    : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

 Wednesday the 27^th  day of March 2024

CC.81/2024

Complainant

 Jinesh. R,

 Kizhakke Chalil,

 Muchukunnu,

 Quilandy, Kozhikode- 673 307

Opposite Party

            DUBHE RICHUS,

            282/20, August Nursing Home Road,

            South Kalamassery, Ernakulam.

ORDER

By.Sri. P.C. PAULACHEN - PRESIDENT   

            This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2.  The case of the complainant, in brief, is as follows:

On 08/07/2023 the complainant purchased a DUBHE RICHUS water filter from the opposite party paying Rs. 44,000/-. The product was having a guarantee of one year and warranty of 5 years. But it became defective within a short period and the opposite party replaced the product with a new one. But after a few days, the replaced product also became defective. Repeated requests of the complainant to the opposite party for repairs/service had fallen on deaf ears. No service was rendered by the opposite party till date. The complainant was put to monetary loss and mental agony due to the act of the opposite party. Hence the complaint claiming compensation of Rs. 1,00,000/-. 

3. The notice issued from this Commission on 24/02/2024 was duly served on the opposite party. But the opposite party did not respond to the notice and hence set ex-parte.
4. The points that arise for determination in this complaint are;

      1) Whether there was any deficiency of service on the part of the opposite  party,  as alleged?

             2) Reliefs and costs.

5. The complainant was examined as PW1 and Exts A1 to A3 were marked.
6.  Heard.
7. Point No 1:    The complainant has approached this Commission alleging deficiency of service on the part of the opposite party and seeking compensation. The specific allegation is that the water purifier purchased by the complainant from the opposite party became defective and once it was replaced, but the     replaced product also became defective and the opposite party neglected to address the concerns of the complainant over the water filter, despite repeated requests.
8.  PW1, who is none other than the complainant, has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the bill dated 08/07/2023, Ext A2 is the copy of the cash receipt dated 09/07/2023 and Ext A3 is the copy of the brochure.
9. The evidence of PW1 stands unchallenged. The opposite party has not turned up to file version. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. There is no contra evidence to disprove the claim. The case of the complainant stands proved through the testimony of PW1 and Ext A1 to A3. Ext A3 reveals that the product is having one year guarantee and 5 years warranty. The act of the opposite party in neglecting to attend the grievance of the complainant with regard to the product amounts to gross deficiency of service. The opposite party is bound to repair/service the product under warranty. Undoubtedly, the act of the opposite party has resulted in gross mental agony and inconvenience to the complainant, for which, he is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs. 7,000/- will be reasonable compensation in this regard.
10. Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;

                  a)  CC.81/2024 is allowed in part.

b) The opposite party is hereby directed to repair/service the DUBHE RICHUS water filter (Model-Medium Heavy Duty WTP) sold to the complainant as per Ext A1 and make it in a sound working condition within 30 days of the receipt of copy of this order. It is made clear that the complainant shall not be required to pay any charges for such repair/service.

c) The opposite party is directed to pay a sum of Rs. 7,000/- (Rupees seven thousand only) as compensation to the complainant for the mental agony and hardship suffered.

d)  No order as to costs.  

Pronounced in open Commission on this, the 27^th day of March, 2024.

Date of Filing: 15/02/2024

                               Sd/-                                                Sd/-                                                     Sd/-         

                        PRESIDENT                                    MEMBER                                        MEMBER

APPENDIX

Exhibits for the Complainant :

Ext A1 - Bill dated 08/07/2023.

Ext A2 - Copy of the cash receipt dated 09/07/2023.

Ext A3 - Copy of the brochure.

Exhibits for the Opposite Party

NIL

Witnesses for the Complainant

PW1 -     Jinesh. R    (Complainant)

Witnesses for the opposite party

NIL

                               Sd/-                                                Sd/-                                                     Sd/-         

                        PRESIDENT                                    MEMBER                                        MEMBER

     True Copy,      

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                                                                                                                                                       Assistant Registrar.