C. C. No-154/2019
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 PARGANAES
Amatran Bazer, Baruipur, Kolkata-700144
C. C. CASE NO 154 Of 2019
Date of filing: - 02/9/2019 Date of Judgment- 27/01/2020
Present : President: nil
Members- Jhunu Prasad and Jagadish Chandra Barman
Complainant : Mayuk Saha
Son of Subrata Saha
Paschim para
Near Sristi Apartment
P.O. & P.S.- Sonarpur
Kolkata-700150.
Opposite party: Eureka Forbes Limited
Khasmallick
Dakshin Gobindapur
P.S.- Baruipur
Pin code- 743353.
or
Present address:-
Eureka Forbes Limited
S. D. Chatterjee Road,
Gali of Sonali Furniture
Kolkata-700144.
JUDGEMENT
Sri Jagadish Chandra Barman, Member.
The facts leading to the filing of the instant case by the complainant may be epitomized as below:-
The complainant purchased a Water Purifier machine from the opposite party in his name vide Model no.- Dr. Aquaguard Magna Hd. R.O. UV MTDS on 24.7.2018 by paying Rs. 19,990=00 ( Rs. Nineteen Thousand nine hundred ninety ) only vide invoice no. 322320023805 , and assigned customer ID No.- 60000982202.
But on July 13th 2019 just before lapsing the warrantee period of one year, the complainant found the said machine stopped to purify water and also stopped to perform its functions. Thereafter, the complainant docket a complain on Eureka Forbes helpline no. and it`s request no. is 2013118045.
The company forwarded the said complain to a technician/employee of the company named Mr. Arun Naskar . Mr. Arun Naskar visited the premise of the complainant on the same date. The technician looked after the Purifier Machine and told the complainant to replace all the filters inside the water purifier by his own cost because, as per the technician of the company, the complainant had already consumed 6000 (six thousand) liter of purified water and that was the reason of non-functioning of the machine. Complainant also wanted to see the indicator of the purifier machine by which he could understand that the complainant had already consumed 6000 liter purified water. Then the complainant told the technician that still that day the said purified machine was under the warrantee period. The technician could not satisfy the complainant and left the place.
Then the complainant complained to the Assistant Director of Consumer Affairs & Fair Business Practice Regional Office, South 24 Parganas for mediation purpose. The Assistant Director called the opposite party under memo no-885 dated- 16/07/2019. But the O. P. did not turn up on 25/7/2019 in his office for mediation purpose.
Therefore the complainant filed this instant complaint case on 02/9/2019 before this Learned Forum of South 24 Parganas. This case was heard on 17/9/2019 and admitted after perusal of all documents. Notice was also served in time to the opposite party.
In this instant case, the complainant prays to the Learned Forum to direct the opposite party to change the water purifier or all the filters inside the purifier machine, compensation of Rs. 30,000=00 only etc.
After receiving a set of complaint copy, the O. P. filed a copy of written version with affidavit on 13/11/2019. In that w. v. the O. P. has clearly mentioned that the complainant has brought charges against the o.p. are totally false, baseless, ill motivated & concocted with an ulterior motive and malafied intention to squeeze money etc. from the O. P. The opposite party emphatically has rejected each and every allegation made in the complaint categorically.
But the O. P. has recognized the fact that the complainant purchased the said purifier machine on 24.07.2018 by Rs. 19,990=00 ( Rs. Nineteen Thousand nine hundred ninety ) only from the opposite party and the said complainant had been used the said purifier machine since the date of purchasing to the date of complaint.
As per statement of the o. p. in his written version, that he. received a complaint vide registration no. 2013118045, on 13/07/2019 i.e., 10 days prior the ending of warranty period. Thereafter, the O. P. has also sent a technician named Mr. Arun Naskar to the said premise of the complainant to solve the dispute. Mr. Naskar has visited the premise and after inspection the technician has told the complainant to replace the purifier filters by his own cost and the company would not replace that free of cost. The opposite party has also stated that the purchaser has consumed 6000 liter of purified water by using the said machine and he left the premise without doing any misbehavior.
The opposite party has also stated in his written statement that as per terms and condition of warranty issued to the complainant, the o. p. is not bound to replace any filter of the said machine if the consumer consumed 6000 litre purified water even within warrantee period of one year. As per statement of the O.P. this was the acute reason of rejecting the complainant to replace the said purifier filters even within the warrantee period of 1 year..
Upon the averments of the parties, the following points are formulated for consideration.
POINTS FOR DETERMNATION
- Is the O. P. guilty of deficiency of service and unfair trade practice as alleged by the complainant?
- Is the complainant entitled to get relief or relieves as prayed for?
EVIDENCE OF THE PARTY
Petition of complaint along with documents is treated as evidence of the complainant.
DECISION WITH REASONS
Points Nos. 1 & 2
It is established fact that the complainant purchased a Water Purifier machine from the opposite party vide Model no.- Dr. Aquaguard Magna Hd. R.O. UV MTDS on 24.7.2018 by paying Rs. 19,990=00 ( Rs. Nineteen Thousand nine hundred ninety ) only vide invoice no. 322320023805, and assigned customer ID No.- 60000982202.
But on July 13th 2019 just before lapsing the warrantee period of one year, the complainant found the said machine stopped to purify water and also stopped to perform its functions. Thereafter, the complainant docket a complain on Eureka Forbes helpline no. and it`s request no. is 2013118045. Therefore, the complainant is entitled to get relief as it was occurred within warrantee period of one year and the company would not replace all /any inside filter(s) of the said machine free of cost to run the machine.
It is true that the company forwarded the said complainT to a technician/employee of the company named Mr. Arun Naskar . Mr. Arun Naskar visited the premise of the complainant on the same date. The technician looked after the Purifier Machine & advised the complainant to replace all the filters inside the water purifier by his own cost. The technician also told the complainant that he had already consumed 6000 (six thousand) liter of purified water and that was the reason of non-functioning of the machine. Complainant also wanted to see the indicator of the purifier machine by which he could make out that the complainant had already consumed 6000 liter purified water. Then the complainant told the technician that still that day the said purified machine was under the warrantee period. The technician could not satisfy the complainant and left the place without giving any assurance.
The said company also mentioned here the terms and conditions of the issued warranty. We examined the terms and conditions of warranty. It is a invalid document because there is no signature and stamp of the issuing authority. The terms and conditions mentioned in the warranty document is nothing but a eye wash to the customers here consumer (complainant). This type of warranty document is invalid and a technique to continue unfair trade practice. Therefore, we are of the opinion that there is a deficiency of service and unfair trade practice occurred on behalf of the O.P in this instant case liable to be penalized.
In the result, the case succeeds.
Hence,
Ordered
That the complaint case be and the same is decreed on contest against the O.P. with a cost of Rs. 5,000=00 only to be paid by him to the complainant.
The O. P. is also directed to replace exhausted purified filters from the said purified machine by setting new filter(s) to run the machine smoothly for purifying water within a period of 30 days from the date of issue of this order.
The O.P. is also directed to pay a sum of Rs. 6,000=00 for mental agony and harassment, sustained by the complainant, within the aforesaid period of 30 days, failing which the compensation amount with cost will bear interest @10% p. a. from the date of this order to till full realization thereof.
Register-in-Charge of this learned Forum is directed to hand over a copy of judgment free of cost at once to the concerned parties by speed post.
I/We agree.
I/We agree.
Member Member
Dictated and corrected by me
Member
The Judgement in separate sheet is ready and delivered in open Forum. As it is,
Ordered
That the complaint case be and the same is decreed on contest against the O.P. with a cost of Rs. 5,000=00 only to be paid by him to the complainant.
The O. P. is also directed to replace exhausted purified filters from the said purified machine by setting new filter(s) to run the machine smoothly for purifying water within a period of 30 days from the date of issue of this order.
The O.P. is also directed to pay a sum of Rs. 6,000=00 for mental agony and harassment, sustained by the complainant, within the aforesaid period of 30 days, failing which the compensation amount with cost will bear interest @10% p. a. from the date of this order to till full realization thereof.
Register-in-Charge of this learned Forum is directed to hand over a copy of judgment free of cost at once to the concerned parties by speed post.
