Delhi

West Delhi

CC/16/286

UDAY KUMAR - Complainant(s)

Versus

EUREKA FORBES LTD. - Opp.Party(s)

14 Mar 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (WEST)

 

CASE NO.  286/2016

SH. UDAY KUMAR

ADD- LIG FLAT NO. 471, 2^ND FLOOR,

HASTSAL,UTTAM NAGAR,

NEW DELHI-110059.

MOB. 8800222077                                                                          …..Complainant

VERSUS

EUREKA FORBES LTD.

ADD- D9, DSIDC COMPLEX,

KIRTI NAGAR, NEW DELHI-110015.…..Opposite Party-1

 

EUREKA FORBES LTD.

ADD- B1/B2, 701, 7^TH FLOOR,

MARATHON INNOVA,

MARATHON NEXTGEN,

OFF GANPATRAO KADAM MARG,

LOWER PAREL, MUMBAI-400013.…..Opposition Party-2

O R D E R

 

 

PUNEET LAMBA, MEMBER

The complainant has filed the present complaint against the O.P under section 12 of Consumer Protection Act, 1986. Briefly the facts of the present complaint are that the complainant purchased one R.O. on May, 2014 of make and model Eureka Forbes Enhance Green for a sum of Rs. 14,999/- by paying advance payment of Rs. 3500/- to OP-1, against 7 EMIs of Rs. 1500/- each. It is alleged that the OPs agreed to deduct the installment through ECS on a fixed date from the complainants account. But, the OP failed to the honor the terms and conditions of the agreement. It is alleged that the OPs deducted First ECS on 05.11.2014 instead of August, 2014. It is alleged that the OPs never followed the first ECS date as per the terms. The OP violated all the terms as agreed upon and the complainant was unable to know the exact date of ECS. Therefore, approached OP but to no effect. Due to irregular updates by OPs in deducting the EMIs the complainant had to face difficulty as enough funds were not available and which resulted in multiple ECS return charges levied on the complainant by the bank. It is alleged that till date the bank has levied a sum of Rs. 3320.50/- ECS return charges which were levied due to the negligence of OPs. It is alleged that OPs have also deducted one extra EMI for a sum of Rs. 1500/-. Hence, the present complaint for the redressal of the grievance and compensation towards mental, agony, financial and physical harassment.

          When notice of the complaint was sent to the OPs none put in appearance and were proceeded ex-parte vide order dated 10.10.2016.

          When the complainant was asked to lead evidence he filed affidavit of evidence testifying the contents on oath and relied on copy of statement of account, copy of e-mails, schedule of ECS payment. 

          We have gone through the material on record carefully and thoroughly despite opportunity none put in appearance on behalf of complainant to advance oral arguments but the pleadings are complete. Therefore, the forum reserved the matter for orders.

          The complainant was confronted with the issue what relief he has sought from the forum. He contended that a sum of Rs. 3320.50/- being the return charges levied by the bank and one extra EMI of sum of Rs. 1500/- be refunded. The version of the complaint remains unrebutted and unchallenged and there is no reason to disbelieve the contention of the complainant which is testified on oath. From the perusal of the documents it reveals that the EMIs were to be deducted on 10^th day of each month whereas it reveals from the documents that the OP has not deducted EMIs as per the terms and conditions agreed by the parties. Therefore, we are of the considered view that the OPs are deficient in services and negligent in their conduct. Hence, OPs are liable to compensate the complainant due to which complainant has suffered not only physically but also financially.

          Keeping in view of above discussions and observations, we award a sum of Rs. 6000/- towards mental, agony, financial, physical harassment and litigation charges within 45 days from the receipt of the order. In case of default of payment in time OP-1 shall be liable to pay interest @ 6% p.a. from the date of filing of the complaint till actual realization.

          File be consigned to Record Room.

          Copy of order be given as per rules.

          Announced this____14TH______ March, 2019.

(PUNEET LAMBA)                                                                               (K.S. MOHI)

     MEMBER                                                                                       PRESIDENT