IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Tuesday, the 28th day of February, 2017
Filed on 31.10.2016.
Present
1) Smt. Elizabeth George (President)
2) Sri. Antony Xavier (Member)
3) Smt. Jasmine D (Member)
in
CC/No.348/2016
Between
Complainant: Opposite parties:
Sri. S.M Salim 1. Eureka Forbes Ltd
S/o Said Mohammed P.O.Box No. 27002
Srank House Wilson Garden
Vattayal Ward, Alappuzha Banglore-560027
2. Goodmorninig Agencies C.C.N.B. Road
Alappuzha-688001
O R D E R
SMT. JASMINE D. (MEMBER)
The case of the complainant in short is as follows:-
The complainant has purchased a water purifier from the 2nd opposite party manufactured by the 1st opposite party on 13/01/2013 for an amount of Rs. 6250/-. There after the complainant was taking Annual maintenance contract from the 1st opposite party. On 31/03/2015 the complainant has renewed the Annual Maintenance Contract for a period of 2 years after paying an amount of 2,600/-. But the opposite party failed to provide the assured service to the complainant. Hence filed this complaint.
2. The 1st opposite party appeared before the Forum and expressed their willingness to settle the matter by providing proper service and extend the Annual Maintenance Contract for a further period of 2 yrs free of cost and accordingly the 1st opposite party gave service but failed to provide the Annual Maintenance Contract for a further period of 2 years as agreed before the Forum.
3. Complainant produced the copy of Annual Maintenance Contract before the Forum which was marked as Ext.A1.
4. Considering the allegation of the complainant the Forum has raised the following issues for consideration.
1) Whether there is any deficiency in service on the part of the opposite party?
2) Whether the complainant is entitled to get a relief sought for?
5. On a perusal of Ext. A1 document it can be seen that the complainant availed Annual Maintenance Contract for a period of 2 years starting from 31/03/2015 to 30/03/2017 after paying an amount of Rs. 2600/-. According to the complainant during the said period the opposite party has not provided any service to the complainant even after repeated request. So the complainant its entitled to get the Annual Maintenance Contract extended for a further period of 2 years free of cost. So the complaint is to be allowed.
In the result the 1st opposite party is directed to provide the service contract for a period of 2 years without changing any amount from the complainant. The order shall be complied within one month, failing which the opposite party is directed to refund Rs. 2,600/- (Rupees Two Thousand and Six hundred only) with 12% interest from 31-3-2015 till realization.
Pronounced in Open Forum on this the 28th day of February, 2017.
Sd/-Smt. Jasmine D (Member) :
Sd/-Smt. Elizabeth George (President) :
Sd/-Sri. Antony Xavier (Member) :
Appendix
Evidence of the Complainants:
Ext.A1 - Copy of Annual Maintenance Contract.
Evidence of the opposite parties:- Nil
//True copy//
By Order
Senior Superintendent
To
Complainant/Opposite parties/SF
Typed by: Br/-
Comped . by:
