BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

                                   Dated this the 20^th day of January 2018

                                                                             Filed on : 06.10.2017

PRESENT:

Shri. Cherian K. Kuriakose,                                      President.

 Shri. Sheen Jose,                                                  Member

 Smt. Beena Kumari V.K.                                Member.

                            CC.No.403/2017

                                  Between 

O R D E R

Beena Kumari V.K.   Member 

1)     A brief statement of facts of this complaint is as stated below:

         The complainant Sri.Chandy Gasper had purchased a water purifier of M/s.Eureka Forbes from the 1^st opposite party – dealer on 29.11.2016.  The product was provided with one year warranty from the date of installation or 15 months from the date of purchase and the company had also offered 2 free services in 12 months.   The water purifier started showing a complaint of leakage from the flow pipe from August 2017 onwards.  The above leakage resulted in Kitchen area remaining wet forever and the complainant had to purchase pure water from outside for his family and kids.  The complainant contacted the company officials through the call centre number on 23.08.2017 and on 03.09.2017 and in response to the above calls the company people said that the technician will visit the complainant’s residence to cure the defect. But nobody so far attended the defect of the water purifier and repaired the defect.  Hence this complaint is filed before this Forum seeking orders of this Forum to the opposite parties to pay Rs.50,000/- towards compensation for the mental agony suffered by the complainant, to pay Rs.10,000/- for lack of pure water at home, to pay Rs.25,000/- towards compensation for the damages effected to the kitchen area and to pay Rs.15,000/- towards costs of this proceedings.

2)     Notices were issued to the opposite parties and the notices were served on both parties.  But the opposite parties did not respond to the notices served on them for reasons best known to them.  Hence the opposite parties were set Ex-parte.  

3)     The issues to be decided in this case are as follows:

1.       Whether the complainant has proved deficiency in service on the part of the opposite parties?

2.       Whether the opposite parties are liable to pay Rs.1,00,000/- which is inclusive of the costs of the proceedings, towards compensation for the mental agony, if any, suffered by the complainant for lack of pure water at home, for the damages occurred to the kitchen area of the complainant’s residence.

4)       The evidence in this case consisted of the ex-parte proof affidavit filed by the complainant and documentary evidence furnished by the complainant which were marked as Exbt. A1 to A3.

5)       The complainant who appeared in person was heard on 04.01.2018.      

6)       Issue No. (i)

          Exbt. A1 is the proforma Invoice evidencing that the complainant had purchased a water purifier by name Dr.Aqua Guard Classic at a price of Rs.9,490/- on 29.11.2016.  Exbt. A2 is the welcome letter of the opposite party – Manufacturer and Exbt. A3 is their warranty card, issued to the complainant. The case of the complainant is that the water purifier started showing defects from August 2017 onwards ie., leakage of water from the water purifier started in the 1^st week of August, 2017 exactly on 29.08.2017 the complainant had contacted the call centre No.18602661177 of the opposite party and in response he was informed that the Service Engineer will visit and will do the necessary repair work on the very same day itself.  But nobody turned up to do the repair work.  Again the complainant contacted the call centre of the opposite party on 03.09.2017 he got a similar response but nobody turned up to do the repair work.  Hence the complainant filed this complaint.  The averments of the complaint is not challenged by the opposite parties and we find no reason to reject the sworn statement of the complainant.  Hence we find that the complainant has proved deficiency in service on the part of the opposite parties.  The 1^st issue is thus decided in favour of the complainant.

7)       Issue No. (ii)

          The complainant has sought the orders of this Forum to the opposite parties to pay compensation under different heads as stated below.

                                                                       RS.

For mental agony                                - 50,000/-

For lack of pure water                          - 10,000/-

For damage occurred to kitchen - 25,000/-

For follow up action                    -15,000/-

                                                                   ……………

                  Total                                     =   1,00,000/-

        Here, the value of the water purifier purchased by the complainant amounted to Rs.9,490/- considering the value of the water purifier and the inconvenience suffered by the complainant, the compensation claimed is on a higher side.  The complainant has not claimed refund of the price of the water purifier. He has claimed compensation for the mental agony suffered by him as a direct result of deficient service offered by the opposite parties and for the damage occurred to his kitchen area due to the leakage of water from the water purifier and for lack of pure water at home.  Considering all the facts and circumstances of the case, we find that the complainant is entitled to a compensation of Rs. 20,000/- for the mental agony and damages occurred to the kitchen area of the complainant’s residence, which were proved by the sworn affidavit.  

8)     Had the opposite parties responded to the calls of the complainant requesting repair of the water purifier, this complaint would not have been filed by the complainant.  We find that the complainant has spent his valuable time and money to contest this case before this Forum, for which he is entitled to get costs of this proceedings.  We fix the costs of the proceedings at Rs. 5000/-.

        In the result, the complaint is partly allowed and we direct as follows:

1. The opposite parties shall pay to the complainant Rs.20,000/- towards compensation for the mental agony and other inconvenience suffered by him.
2. The opposite parties shall pay Rs.5000/- towards costs of the proceedings to the complainant.
3. The liability of the opposite parties shall be joint and several.

The above orders shall be complied with, within 30 days from the date of receipt of a copy of this order failing which the above amounts will carry interest @12% p.a. from the 31^st day of the receipt of this order.

         Pronounced in the open Forum on this the 20^th day of January 2018.

                                                                    Sd/-Beena Kumari V.K., Member

                                                                    Sd/-Cherian K. Kuriakose, President

                                                                    Sd/-Sheen Jose, Member.

                                                                             Forwarded by Order

                                                                             Senior Superintendent

Date of dispatch               :

                   By post        :

                   By hand       :

APPENDIX

Opposite party’s Exhibits       ::    Nil

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