Orissa

Cuttak

CC/106/2020

Sukanti Parida - Complainant(s)

Versus

Eureka Forbes Limited - Opp.Party(s)

S K Senapati & associates

22 Aug 2022

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

                                                                C.C.No.106/2020

                        Sukanti Parida,

W/O:Lokanath Parida,

At:Matamath,Near Electric Substation,

Ring Road,P.O:Buxibazar,

P.S:Mangalabag,Cuttack,Odisha.                                          ... Complainant.

            Vrs.

 

1.       Eureka Forbes Ltd.,

Represented through it’s

Managing Director(C.E.O)

B1/B2,701,Marathon Innova,

Off ganapatro Kadam Marg,Lower Parel,

Mumbai-400013,Maharastra.

 

2.       Zonal Manager,

Eureka Forobes Ltd.,

At:LPlot No.D/173,C.D.A,Sector-7,

Near Nidan Hospital,

P.S:Markat Nagar,Cuttack-753014.                                        ...Opp. Parties.

 

Present:               Sri Debasish Nayak,President.

                                Sri Sibananda Mohanty,Member.

 

Date of filing:    04,12,2020

Date of Order:  22.08.2022

 

For the complainant:            Mr. S.K.Senapati,Adv. & Associates.

For the O.Ps.                :           None.

 

Sri Debasish Nayak,President. 

            Case of the complainant in short is that she had purchased one AcquaGuard (R.O) of Eureka Forbes Ltd. on 29.6.2019 bearing model No.NRICH HROA UV +MTDS(UV) by paying a cost of Rs.19,990/-.  The O.P No.2 had installed the said water purifier machine in her house on 22.7.2019.  The complainant was also issued with a Customer Code No.6001258611.  The said AcquaGuard (R.O) had warranty period with effect from 29.6.2019 to 28.6.2020.  Few days after the installation, when the said AcquaGuard (R.O) of the complainant did not function and became defective, she contacted O.P No.2.  On 1.10.19, the service personnel came to the house of the complainant who suggested that there are some manufacturing defects in the said water purifier machine and the said service personnel suggested to replace the pump in order to restore proper function of R.O.  But again after a week, the same problem was noticed for which the complainant had to book a complaint again.  Accordingly, the service personnel of O.P No.2 again visited the house of the complainant and assured to replace the said pump of the AcquaGuard (R.O) machine soon.  But O.P No.2 did not rectify the defect of the complainant’s water purifier machine inspite of several reminders by the complainant.  It is the contention of the complainant that the defect was noticed within the warranty period which was not rectified and she had  suffered for which she had sent a notice through R.P with A/D to the O.Ps on 16.10.20 through her advocate but ultimately when no action was initiated by any of the O.Ps she has filed this case claiming cost of the AcquaGuard (R.O) machine to the tune of Rs.19,990/- and an amount of Rs.1,00,000/- towards her mental agony and harassment and also a sum of Rs.20,000/- towards her litigation cost.  She has also prayed for any other relief as deemed fit and proper.

            She has filed xerox copies of documents in order to prove her case.

2.         On the other hand, both the O.Ps have not contested this case for which they were set exparte vide order dt.30.2.2021.

3.         The points for determination in this case are as follows:

            i.          Whether the case of the complainant is maintainable?

            ii.         Whether there was any deficiency in service on the part of O.Ps?

            iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Points no.i & ii.

            For the sake of convenience points no.1 & 2 are taken up together first for consideration here in this case.

            From the documents as available and from the averments of the complaint petition, it is clear that the complainant had infact purchased one AcquaGuard (R.O) water purifying machine of Eureka Forbes Ltd. which had developed certain problems for which time and again she had lodged complaint before the O.Ps in order to rectify the same since because her purchased water purifier machine was within the warranty period.  Though the service personnel of O.P No.2 had gone and attended the complaint as lodged by the complainant, the defect could not be rectified for which the complainant had sent a legal notice to the O.Ps.  Thus, the O.Ps are infact deficient in their service towards the consumer/complainant by not rectifying the defect in her purchased water purifier machine and this case of the complainant is definitely maintainable.  Accordingly, these two issues are answered in favour of the complainant.

Issue no.iii.

            From the above discussions, it can well be concluded here in this case that the complainant is entitled to the reliefs as claimed by her.  Hence it is so ordered;

                                                              ORDER

            The case is decreed exparte against both the O.Ps which are held jointly and severally liable.  The O.Ps are directed to refund the cost of the AcquaGuard (R.O) machine to the tune of Rs.19,990/- alongwith interest @ 9% per annum with effect from 1.7.2019 till the total amount is quantified to the complainant.  The O.Ps are further directed to pay the complainant, a sum of Rs.1,00,000/- towards mental agony and harassment of the complainant and also to bear the litigation cost of the complainant to the tune of Rs.20,000/-.  This order is to be carried out by the O.Ps within a period of 30 days from the date of receipt of this order.

            Order pronounced in the open court on the 22^nd  day of August,2022 under the seal and signature of this Commission.           

                                                                                                                                Sri Debasish Nayak

                                                                                                                                            President

                                                

                           Sri Sibananda Mohanty

                                                                                                                                     Member