By Sri.P.K.Sasi, President
The case of the complainant is that he has purchased a water filter of the opposite party from the Thrissur Pooram Exhibition stall. He has purchased the product by believing the words and assurance given by the opposite party and their people that, the water filter is the best among the category and shows good performance. On 21/02/16 he has paid Rs.1,000/- as advance by means of a cheque and on 22/02/16 he has paid balance amount by means of another cheque. In total he has paid Rs.17,490/- as cost of this product to the opposite party. The opposite party delivered the product on 23/02/16. It was promised that the product will filter 7 liters of water whereas, when it was used after delivery, no such water was received. A complaint was submitted immediately whereas, no response was there from the side of opposite party. Then the complainant has stopped the payment of cheque. Then immediately the opposite party approached the complainant and replaced the filter machine and a new cheque was issued on 24/03/16.
2) Whereas the machine substituted by the opposite party is also was the same type which provides not that much water assured by them. There was no action taken by the opposite party even after several complaints submitted. Then the complainant has fixed an additional filter even then the product was not working properly. In fact the water connection was dead and functionless. The opposite party has sold low quality product to the complainant. They have also committed utter deficiency in after sale service.
3) A lawyer notice was issued on 24/09/16 to the opposite parties whereas the notice was returned stating ‘addressee left’. If the opposite party has changed their office they ought to have been informed the concerned postal authorities regarding the change of address. They are also liable to inform the customers including the complainant regarding the changing of address. The above said act of the opposite party amounts to deficiency in service as well as unfair trade practice on their part. Hence this complaint is filed for getting relief.
4) On receiving complaint notice was served to the opposite party by means of substitute service by publishing in newspaper. The opposite party neither appeared before the Forum nor filed any version. Hence set Ex-parte and posted for complainant’s evidence. From the side of complainant he has appeared before the Forum and submitted proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. He also produced 5 documents which are marked as Ext. P1 to P5 and also produced the defective water filter which is marked as MO 1. Ext. P1 & P2 are two receipts issued by the opposite party; Ext. P3 is the copy of lawyer notice with postal receipts; Ext. P4 the returned lawyer notice and Ext. P5 is the copy of account statement which shows the payment made to the opposite party. Since there is no contra evidence available before us we are inclined to accept the proof affidavit filed by the complainant. If at all there was any contra evidence for the opposite party they ought to have been appeared before the Forum and submitted their version. We have gone through the contents of affidavit and perused the documents produced.
5) We heard the learned counsel for the complainant in detail. The product became useless and that is produced before the Forum. Considering the points discussed hereinabove and the available records before us we are of the opinion that the opposite party has committed deficiency in service unfair trade practice towards the complainant.
In the result, we allow this complaint and the opposite party is directed to return Rs.17,490/- (Rupees Seventeen thousand Four hundred and ninety only) with 12% interest from the date of complaint along with Rs.5,000/- (Rupees Five thousand only) as cost and compensation of this complaint to the complainant within one month from receiving copy of this order. Failing which, the complainant is entitled to get 12% interest till realization.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 20th day of May 2017.
