Order dictated by:
Sh.S.S.Panessar,President.
- Mr.Mohinderpal Singh complainant has filed the present complaint under section 12 & 13 of the Consumer Protection Act on the allegations that complainant purchased one water purifier being manufactured/marketed by the opposite party on 24.3.2015 for Rs. 17490/- with Annual Maintenance Contract, copy of the AMC is attached. The complainant as such, is the consumer as provided under the Act and is competent to invoke the jurisdiction of this forum. The said water purifier was given Annual Maintenance Contract from 24.3.2015 to 23.3.2017 which included periodical services and changing of filter candle, sediment filter and other consumables. Opposite party never visited the complainant nor gave any service as promised as per contract inspite of the fact that opposite party has been reminded time and again for the same. The aforesaid act of the opposite party in not providing the service to the complainant is an act of deficiency in service, unfair trade practice , malpractice and is not sustainable in the eye of law and has caused mental agony and harassment to the complainant besides financial loss. The complainant has sought for the following reliefs vide instant complaint:-
- Opposite party be directed to pay compensation to the tune of Rs. 50000/- to the complainant ;
- Opposite party be also directed to do the necessary act as per contract dated 24.3.2015 and extend the period of contract for the next 15 months ;
- Opposite party be further directed to pay adequate cost of the present litigation
Hence, this complaint.
2. Despite due service none put in appearance on behalf of the opposite party and as such it was ordered to be proceeded against ex-parte.
3. In his bid to prove his case Sh.Mohinderpal Singh, complainant made into the witness box as his own witness and tendered his duly sworn affidavit Ex.C-1 in support of the allegations made in the complaint. The complainant also adduced on record copy of customer details for invoice Ex.C-2 and his Aadhar Card Ex.C-3 and closed his evidence.
4. The evidence adduced by the complainant, in support of his case, has gone unrebutted on record because, despite due service, opposite party did not opt to appear and contest the claim of the complainant and thereby impliedly admitted the case of the complainant in toto.
5. From the perusal of the evidence on record, it becomes evident that the complainant purchased one water purifier being manufactured/marketed by opposite party on 24.3.2015 for Rs. 17,490/- vide bill/invoice Ex.C-2 alongwith Annual Maintenance Contract. The opposite party had promised to provide annual maintenance contract w.e.f. 24.3.2015 to 23.3.2017 free of costs. But the opposite party did not provide any periodical service nor changed the filter candle, sediment filter and other consumables . Almost a period of more than 1 ½ years has elapsed , but the opposite party has not provided any free services , despite requests made by the complainant. As such opposite party is deficient in service. The complainant has suffered mental agony, physical pain besides suffering economic loss due to the deficient service of the opposite party. In our considered opinion, complainant is entitled to be compensated and we order the opposite party to pay a compensation to the tune of Rs. 5000/- to the complainant besides opposite party shall also pay a sum of Rs. 2000/- as litigation expenses. Opposite party is also directed to provide free services as promised under the Annual Maintenance Contract (AMC) to the complainant for the remaining period of the service contract. The complaint stands allowed accordingly ex-parte. Compliance of this order be made within a period of 30 days of the receipt of copy of the order ; failing which, awarded amount shall carry interest @ 9% p.a. from the date of passing of the order until full and final recovery. Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room.
Announced in Open Forum
Dated : 15.09.2016
/R/
