Orissa

Jharsuguda

CC/59/2022

Bimal Naik S/O- Late Ananda Naik - Complainant(s)

Versus

EEUREKA FORBRS LIMITED - Opp.Party(s)

P.R. Singh Deo

22 Mar 2023

ORDER

`DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, JHARSUGUDA

                                                           ****************

                                         CONSUMER CASE NO.59/2022

Bimal Naik, Age 36 years

S/o-Late Ananda Naik,

R/o- New Chharla,                          

Po-Bandhabahal Colony, Ps-Banharpali,

Dist.-Jharsuguda,Odisha……………………………….Complainant.

 

           Versus

1. EUREKA FORBES LIMITED,

Ps/Dist.-Jharsuguda, Odisha-768203.

2. EUREKA FORBES LIMITED,

Blok-A, Ground Floor, Forest Park, Bhubaneswar,

3. EUREKA FORBES LIMITED,

 Marathan Innova Marathan Next Gen,

Off Ganpatrao Kadam Marg,Lower Patel,

MUMBAI-400 013,India…………………………Opp. Parties

 

Counsel for the Parties:-

For the Complainant                                Sri P.R.Singhdeo, Adv. & Associates.

For the Opp. Party                                 Ex-Parte.

 

Present:-     1. Smt. Jigeesha Mishra, President.

                     2. Smt. Anju Agarwal, Member.

 

Date of hearing- 13.01.2023                     Date of order- 22.03.2023

 

Presented by, Smt. Anju Agarwal, Member : -

1.The case of the complainant is that the complainant has purchased a Eureka UV Forbes water purifier from op no 1 for a consideration amount of Rs. 40,800(Rupees Forty thousand eight  hundred rupees )only under sales order no. 6000320343,Ack No.182110804178359,Customer Code No.6001785479.That the aforesaid water purifier was installed by the service agent in the residence of the complainant. The said water purifier was functioning properly till December 2021 .On dt. 04.01.2022 the said water purifier was not functioning as noticed by the complainant, accordingly the complainant lodged a complaint before the customer care of the ops under Complaint No. 202408444 dt.05/01/2022.The aforesaid water purifier was under the warranty period. That the complainant served a pleader notice on dt .08/04/2022 which was duly served to the ops. The ops after receiving the notice depute a service agent to repair it but was unable to repair the aforesaid water purifier or take any step to replace the water purifier. Being aggrieved the complainant filed this complaint before this commission.

2.The case of the Opposite parties is that the O.Ps did not appear in this Commission and did not file their version. Sufficient opportunity has been given to the O.ps. but they failed to file their version. Hence the O.Ps. are set ex-parte on dt.21/22/2022.

3.Perused the documents filed by the complainant and it reveals that the complainant has purchased Eureka UV Forbes water purifier from op no 1 for a consideration amount of Rs. 40,800(Rupees Forty thousand eight  hundred rupees ) only under sales orderno.6000320343,AckNo.182110804178359,CustomerCodeNo.6001785479. on 24.08.2021.The aforesaid water purifier was non-functional from dt . 04/01/2022 ,the complainant registered complaint and also pleader notice was served , the ops depute a service agent to repair it but were unable to repair it. Now, the question arises can the ops escape from their  liability when the aforesaid product is within the warranty period. The ops are bound to repair the aforesaid water purifier when the water purifier is within the warranty period in expressing their inability to rectify the same amounts to deficiency in service on the part of the ops. The ops did not appear before this commission and the complainant has given documents in favor of its case and accordingly it is ordered.

                                                  ORDER

The complaint is allowed ex-parte against the O.Ps. The Opposite Parties are jointly and severally directed to replace the aforesaid water purifier with a new one or to pay the amount of Rs.40,800/- (Rupees forty thousand eight hundred only) to the complainant with 9% P.A from the date 24/08/2021 within one month from the date of this order. Further the O.Ps. are  directed to pay Rs.5,000/-(Rupees five thousand only) compensation for harassment and mental agony and Rs.5,000/-(Rupees five thousand only) for litigation expenses.Failing which the entire amount will carry 12% interest per annum till realization.

Order pronounced in open court on 22^nd March, 2023. Supply free copies to the parties.

   I Agree         

            J. Mishra, President.                                 A. Agrawal, Member                             

                                 Dictated and corrected by me

 

                                A.  Agrawal, Member