O R D E R<br /> <br /> SMT. ANITA SHIVAKUMAR. K, MEMBER<br /> <br /> <br /> <br /> The brief facts of the complaint filed by the complainant are that, the complainant had purchased a water purifier Reviva unit serial no: 6089572 from Op by paying Rs.8,590/- through cheque bearing no: 299034 on 21/2/2010. Op had issued receipt for the same bearing no: 053312. Op delivered the said equipment after 3 days from the date of payment i.e 24.2.2010. At the time of delivery Op sales executive assured to install the purifier on next day. Complainant called Mr. Chetan K.C who is sales executive in Op establishment and who received cheque did not answer properly about non-installation, he didn’t respond properly and lastly, he messaged complainant to contact Mr.Basava regarding installation. Even he too didn’t respond. Op has neither installed the purifier nor communicate with complainant in spite of two weeks lapsed. Complainant purchased it by exchanging his old purifier to Op. Since complainant is not getting Cauvery water(Corporation water) it is very difficult to have water for cooking and drinking purpose and complainant is forced to buy mineral water every day by paying Rs.60/-. Complainant demanded his money of Rs.8,590 due to non-installation of purifier. Hence, complainant approached the forum seeking relief to his grievance by way of a direction to Op to refund his amount with compensation of Rs.3.00 lakh.<br /> <br /> Notice sent to OP through RPAD was duly served on the OP. but remained absent. Hence, he is placed ex-parte. <br /> <br /> In the course of enquiry, complainant has filed his evidence by way of affidavit, reiterating what is stated in the complaint. The complainant along with the complaint has produced a copy of the receipt for having paid towards purifier, copy of the delivery challan, and copy of extract of telephone calls statement. Heard the arguments of complainant who is in person and perused the records.<br /> <br /> On perusal of the material documents placed before us, prove that complainant had paid Rs.8,590/- through cheque and the same is acknowledged by issuing receipt by the Op on 21/2/2010. Though purifier had been delivered on 24/2/2010 no one from Op came and installed the purifier. It was supposed to be installed on next day as promised by One of the sales executives of Op namely Mr.Chetan. But Op didn’t install as promised. Pursuant to it complainant started enquiring with OP over phone Mr.chetan didn’t answer to complainant and not sent anyone to install the purifier. For that complainant produced a copy of extract of call statement obtained by the telephone department to prove that he has enquired on 24/2/2010, 25/2/2010, 26/2/2010 and 28/2/2010.We find no reason for non-installation though Op received full amount towards the product and also taken old purifier with the intention to replace it by new one. According to complainant, It became problem to the complainant without purifier since complainant is not getting pure water at his residence and he is buying mineral water by paying Rs.60/- every time. But the complainant has not produced any document regarding that. <br /> <br /> We are of the view that, When complainant wish to purchase a purifier for his necessity by paying for that. It is the duty of Op to install the product and make it function. Otherwise, there is no meaning in investing the amount on dumped item. When Op received the amount for installation of purifier by the complainant, but not installed as promised which amounts to deficiency in service and for that he is liable to compensate the complainant by repaying his amount.<br /> <br /> <br /> The OP in spite of opportunity given to him has remained absent. We do not find any reason to disbelieve the claims of the complainant. Hence, we pass the following order.<br /> <br /> O R D E R<br /> <br /> Complaint is allowed.<br /> <br /> Op is directed to repay Rs.8,590/- to the complainant within 15 days from the date of receipt of this order failing which he shall pay interest @ 12% p.a from the date of this order till the date of payment.<br /> <br /> Op is further directed to pay Rs.2,000/- towards cost of this complaint.<br /> <br /> Complainant shall return the water purifier to the Op.<br /> <br /> Dictated to the Stenographer. Got it transcribed and corrected. Pronounced in the Open forum on this the 07th July 2010.<br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />