D.o.O:23/5/2017
IN THE CONSUMER DISPUTES REDRESSAL FORUMIDDUKKI
CC.NO.288/16
Dated this, the 23rd day of May 2017
PRESENT:
SRI.S.GOPAKUMAR : PRESIDENT
SRI.BENNY.K. : MEMBER
1.Dr.Sini.P.S, Parappallil House,
Nedumkandam Po, East Junction,
Nedumkandam. : Complainants
2. Sathyan.P.S, Parappallil House,
Nedumkandam Po, East Junction, Nedumkandam
Represented by Sathyan.P.S
(Adv.Vikraman Nair.N.G)
1 .Eureka Fobers Ltd , Twin Tower,1st &2nd Floor,
YMCA cross Road, Behind IDBI Bank, Calicut-673001.
2. Isacs Health Plus, 6th Mile Kumily, Chakkupallam Po, : Opposite parties
3. Eureka Fobers Limited, B1/B2,701,7th Floor,
Marathon Innova Marathon Nextgen,
Off ganpatrao Kadam marg,Lower Parel,Mumbai 4000013.
ORDER
SRI.BENNY.K .MEMBER.
The complainant had purchased a Aqua guard water purifier from the 2nd opposite party , marketed by the ist opposite party for Rs.15490/-. The 2nd opposite party installed the device and provided one year warranty for the product. It become defective after 13 days of purchase, the matter was informed to the 1st and 2nd opposite party. While purchasing the product the opposite parties are assured that they will provide customer service on tele call within a day , but after registering the complaint. After one week a person come and inspected the device and he informed that the spare part is not available with him and it has to come from Mumbai. Thereafter several times the complainant contacted them, but till this date the defect of the device is not rectified by them. Hence the complaint approach before the Forum for getting a direction to replace the defective device with a new one or to pay the entire bill amount with interest and compensation.
2. The point for consideration is whether there is any deficiency in service on the part of opposite party and if so for what relief the complainant is entitled to ?
3. The evidence consist only documentary Ext.P1 and P2 marked from the side of the complainant. No oral and documentary evidence adduced by the opposite parties.
4. The Point: The complainant had purchased a Aqua guard water purifier from the 2nd opposite party marketed by the Ist opposite party. 2nd opposite party directly installed the purifier and collected the bill amount of Rs.15490/- Ext.P1 and Users Manual Ext.P2. While purchasing the same 1st opposite party issued a warranty for one year from the date of installation. The purifier become defective after 13 days of the purchase itself. On 2/5/2016 a complaint had registered with the 1st & 2nd opposite party . After one week a person came to the house for service and after checking the product he informed that the spare parts is not available with him and it as to come from Mumbai. He left without rectifying the defect. There after several times the complainant contacted the opposite party. But they are not ready to rectify the defects of the purifier in the warranty period itself . Hence the complaint approached before the Forum.
Opposite parties 1 & 2 appeared before the Forum and not filed any written version and remain absent and no evidence adduced . We the Forum find that after selling the product and not providing after sale service within the warranty period is a deficiency in service and unfair trade practice and for that complainant is entitled for compensation.
Hence the petition allowed. The opposite parties 1& 2 are directed to replace the water purifier and provide one year warranty from the date of replacement for the same or return the price of the purifier and also directed to pay Rs.10,000/- as cost and compensation to the complainant within 30 days from the date of receipt of copy of copy of this order , failing which opposite parties shall carry interest at 12% per annum for the said amount from the date of default till realization .
Pronounced in the open forum on this the 23rd day of May 2017
Sd/
SRI.BENNY.K :MEMBER
Sd/
SRI.S.GOPAKUMAR : PRESIDENT
Exts:
P1-Users Manual
P2-Bill Voucher
eva /Forwarded by Order/
SENIOR SUPERINTENDENT
