Chandigarh

DF-II

CC/401/2016

Surinder Singh - Complainant(s)

Versus

Eureka Forbes Ltd., - Opp.Party(s)

In Person

07 Oct 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	40 of 2016
Date  of  Institution	:	07.06.2016
Date   of   Decision	:	07.10.2016

 

 

 

 

Surinder Singh s/o Sh.Raghubir Singh, H.No.1181, Sector 52-D, Chandigarh.

             …..Complainant

Versus

1]  Eureka Forbes Ltd., SCO No.14, Sector 7-C, Chandigarh (Supplier).

2]  Eureka Forbes Ltd., B1/B2, 701, Marathon Next Gen. Innova, Off Ganpatrao, Kadam Marg, Lower Parel, Mumbai 400013 – Manufacturer & 3. Narinder Sharma

….. Opposite Parties  

 

BEFORE:  SH.RAJAN DEWAN                 PRESIDENT

         MRS.PRITI MALHOTRA             MEMBER

 

 

For complainant(s)      : Ms.Sangota Rana, agent for the complainant

 

For Opposite Party(s)   : Sh.Akshay Mahajan, Authorised Agent for    

                          Opposite Parties.

 

 

PER PRITI MALHOTRA, MEMBER

 

 

          As per the case, the complainant got a water purifier, manufactured by M/s Eureka Forbes Ltd., installed at his residence on 6.1.2014 on payment of Rs.12,790/- (Ann.C-1). It is averred that till April, 2016, nobody turned up for its servicing/cleaning despite assurances at the time of sale of the machine.  It is averred that when the complainant checked the water filter for cleaning, he found that one of its parts named MIRACLE (Heavy Metal Remover Cartridge) was not found attached to the machine as the same was broken and water supply was not coming through it.  It is also averred that the complainant made complaints to the company, but to no avail.  It is pleaded that the complainant on the doctor’s advice, got the said water purifier installed for the consumption of purified water for the sake of his grand-daughter, who is terminally ill, alleged that due to the act & conduct of the Opposite Party, the complainant and his family had to consume impure water.  Hence, this complaint has been filed alleging the above act of the Opposite Party as deficiency in service. 

 

2]       The OPs have filed reply and admitted the sale of the water purifier machine to the complainant on 6.1.2014.  It is stated that the said machine was having one year warranty, which expired on 5.1.2015.  It is also stated that the complainant never sent any complaint in writing for two & half years after purchasing the machine.  It is further stated that the warranty of one year had expired on 5.1.2015 and the present complaint has been filed after a delay of 523 days. It is pleaded that the OPs have provided all the timely services as per contractual warranty to the complainant. It is also pleaded that on inspection of the machine, after filing of the present complaint, it was found to be working perfectly and the allegations made by the complainant are false. Pleading no deficiency in service and denying rest of the allegations, it is prayed that the complaint be dismissed.

 

3]       Rejoinder has also been filed by the complainant thereby reiterating the assertions made by the complainant and controverting that of the OPs made in their reply.

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the authorised agents of the complainant & OPs and have also perused the record.

  

6]       It is argued on behalf of the complainant that the complainant got a water purifier, manufactured by M/s Eureka Forbes Ltd. installed at his residence on 6.1.2014 on payment of Rs.12,790/- (Ann.C-1), but till April, 2016, nobody turned up for its servicing/cleaning despite assurances. It is also argued that when the complainant checked the water filter for cleaning, he found that one of its part named MIRACLE (Heavy Metal Remover Cartridge) was not found attached to the machine as the same was broken and water supply was not coming through it.  It is further argued that the complainant though being a poor person, got the water purifier installed for the consumption of purified water for his grand-daughter, who is terminally ill, but due to the act & conduct of the Opposite Party, the complainant and his family had to consume impure water. 

 

7]       On the contrary, on behalf of the OPs it is argued that the said water purifier machine was having one year warranty, which expired on 5.1.2015.  It is also argued that the complainant never sent any complaint in writing for two & half years after purchasing the machine.  It is further argued that the warranty of one year had expired on 5.1.2015 and the present complaint has been filed after a delay of 523 days. It is contended that the OPs have provided all the timely, free services contractual in warranty to the complainant. It is further contended that on inspection of the machine, after filing of the present complaint, it was found to be working perfectly.

 

8]       However, during the course of arguments, the Opposite Parties offered to change the internal parts of the machine with new one, subject to no cost. Keeping in view the circumstances of the case and poor condition of the complainant and considering that the grand-daughter of the complainant is terminally ill and also considering the above offer, we deem it proper that OPs do the necessary repairs in the water purifier in question, by replacing its parts, free of cost.

 

9]      In view of the above discussion as well as in view of the offer made by the OPs during the course of arguments, mentioned above, we direct the OPs to carry out the necessary repairs on the water purifier in question and make it fully functional, by replacing its parts, free of cost, forthwith. There is no order as to cost and compensation.  Accordingly, the complaint stands partly allowed in above terms.

         This order shall be complied by the OPs within a period of 30 days, failing which they shall be liable to refund the cost of the water purifier in question to the complainant.

         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

7^th Oct., 2016                              Sd/-

(RAJAN DEWAN)

                                       PRESIDENT

 

Sd/-

(PRITI MALHOTRA)

MEMBER