Per Mr.B.S.Wasekar, Hon’ble President
1) The present complaint has been filed by the complainant u/s 12 of the Consumer Protection Act, 1986. According to the complainant, in the month of May-2012, he had called the concern officer of theopponents for installing water purifier at his house. Accordingly, Mr.Gaurishankar, Representative of the opponents/Company visited the house of the complainant. He had advised to install AG Booster (Water Filter cum Purifier). He asked to make advance payment and the machine will be delivered within seven days. Accordingly, the complainant paid `8,690/-. Seven days thereafter, the complainant made enquiry about his order but there was no response. On 17th July, 2012, AG Booster having Code No.GWPDCLBOO 00000 vide invoice No.2012103321 dated 17th July, 2012 vide order No.201063118 dated 5th July, 2012 was delivered and installed at the house of the complainant. The machine worked properly for three months. In the month of October-2012, the machine stopped working. Therefore, the complaint was lodged and one Mr.Deepak, Representative of the opponents visited the house of the complainant but he could not solve the problem. He suggested to lodge the complaint on toll free No.3988333 at Bangalore. Another representative of the opponents visited the complainant’s house and tried to solve the problem but he could not solve it. Other persons from the opponents/Company visited the house of the complainant but they could not solve the problem. The complainant visited the office of the opponents for several times but there was no response. The assurance was given to the complainant either to exchange the machine or to refund the amount of `8,690/-. As there was no response, notice was issued on 25th March, 2013 demanding refund of amount with interest and compensation. As there was no response, the complainant has filed this complaint for refund of amount of `8,690/- with interest and compensation of `30,000/-. He has also claimed `25,000/- for loss and legal cost.
2) The opponents were duly served but they were remained absent. Therefore, the matter was proceeded ex-parte against them. The complainant filed affidavit of evidence and produced the copies of documents.
3) The complainant produced copy of order dated 5th July, 2012 showing the advance payment of `8,690/-. The complainant has also produced tax invoice dated 17th July, 2012 confirming the payment of `8,690/-. According to the complainant, machine was installed. It was working properly till October-2012 i.e. for three months only. Thereafter, it stopped working. After complaint, representative of the opponents tried to solve the problem but it could not be solved. The opponents assured to exchange the machine or to refund the amount but the opponents failed. Therefore, the complainant issued notice dated 25th March, 2013. In spite of service of notice, there was no response. Therefore, the present complaint is filed.
4) The opponents were duly served with notices alongwith the copies of complaint and documents. The opponents failed to appear before this Forum. They have not challenged the claim of the complainant. The claim of the complainant is supported by the documents on record. The complainant on oath has stated about the payment, installation of machine and fault in machine. The opponents could not solve the problem. The machine worked only for three months. The complainant spent `8,690/- and the opponents received it. The opponents failed to solve the problem therefore the opponents are liable to refund the amount. In spite of service of notice, the opponents could not solve the problem thereby the complainant suffered from mental agony. The opponents are liable to pay compensation to the complainant. We think compensation of `5,000/- will suffice the purpose. Besides this, the complainant is entitled for cost of this proceedings `5,000/-. Hence, we proceed to pass the following order.
ORDER
1) Complaint is allowed.
2) The opponents are directed to refund the amount of `8,690/- (Rs.Eight Thousand Six Hundred Ninety Only) to the complainant with interest at the rate of 9% per annum from the date of filing of this complaint i.e. 5th June, 2013 till its realization.
3) The opponents shall pay `5,000/- (Rs.Five Thousand Only) to the complainant as compensation towards mental agony and `5,000/- (Rs.Five Thousand Only) towards cost of this proceeding.
4) The order under clause No.2 & 3 shall be complied with within a period of one month.
5) Copies of this order be sent to the parties free of cost.
Pronounced
Dated 8th January, 2014
