Delhi

East Delhi

CC/9/2017

H.K. JAGGI - Complainant(s)

Versus

EUREKA FORBES - Opp.Party(s)

24 May 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

 

C.C. NO. 09/17

 

1. Shri H.K. Jaggi

S/o Late Shri Ram Avtar Jaggi

R/o Flat No. 505, Pocket-E,

Mayur Vihar Phase-II, Delhi – 110 091

 

2. Shri Ayush Jaggi

S/o Shri H.K. Jaggi

R/o Flat No. 443, Pocket-E,

Mayur Vihar Phase-II, Delhi – 110 091             ….Complainants

Vs.    

1. M/s. Eureka Forbes Limited

Branch Office: 4A, Hasanpur Village

I.P. Extension, Near Shani Mandir

Sai Baba Mandir New Delhi – 110 092

 

2. Shri Parveen Thakur, Head - CRC

Eureka Forbes Limited

4A, Hasanpur Village

I.P. Extension, Near Shani Mandir

Sai Baba Mandir New Delhi – 110 092                    …Opponents

 

Date of Institution: 04.01.2017

Judgement Reserved on: 24.05.2018

Judgement Passed on: 25.05.2018

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Sh. Sukhdev Singh (President)

 

JUDGEMENT

            This complaint has been filed by Shri H.K. Jaggi and Shri Ayush Jaggi against  M/s. Eureka Forbes Limited (OP-1) and Shri Parveen Thakur, Head-CRC of M/s. Eureka Forbes Limited (OP-2) under Section 12 of the Consumer Protection Act, 1986 with allegations of unfair trade practice and deficiency in service. 

2.       The facts in brief are that complainant H.K. Jaggi at the instance of Shri Praveen Thakur, Head-CRF of M/s. Eureka Forbes Limited (OP)-2), ordered two Magna UVC model; one at his residence and another at the residence of his son Shri Ayush Jaggi.  On paying an amount of Rs. 12,490/- for each machine, which was made through cheque no. 282556 and 282567 both of dated 07.03.2016, these machines were installed after 2-3 days and took away RO installed at the residence of complainant no. 1 and 2 with assurance to pay Rs. 500/- each which was never paid to complainant no. 1. 

          Initially, they did not found any difference in the taste of water, but subsequently they felt the same and made a complaint to OP on 17.06.2016.  One of the technicians visited their residence, when there was no water and after inspection of the machines reported that no defect was there. 

          Again one technician visited the residence of complainant no. 2 and after testing the water, found 353% TDS therein.  he informed that the installation of these machines have been wrongly advised.  He stated that the machines should have been Magna HD RO+ UV+.  Complainant called respondent no. 2 at his residence who visited and also agreed with the report of Mr. Praveen Kumar.  Complainant proposed to respondent no. 2 to replace the machines with Magna HD RO+ UV+ and offered to pay him the difference.  Respondent no. 2 promised to come back to complainant no. 1 within 2-3 days.  However, when complainant contacted respondent no., 2, he refused to replace the machines.  Thus, it has been stated that OP have been deficient in their services and the complainant have suffered mental pain and sufferings.  Hence, they have prayed for directions to OP to refund the amount of Rs. 24,980/- alongwith 18% interest,               Rs. 50,000/- compensation on account of mental torture and agony and Rs. 50,000/- cost of litigation.  

3.       Notice was issued to OPs, however, they did not put the appearance in spite of notice.  Hence, they have been proceeded   ex-parte. 

4.       In support of his complaint, Shri H.K. Jaggi (Complainant no. 1) has filed evidence by way of affidavit where he has examined himself.  He has narrated the facts which have been stated in the complaint. 

          Shri Ayush Jaggi (Complainant no. 2) has also filed evidence by way of affidavit where he has examined himself.  He has also narrated the facts which have been stated in the complaint. 

5.       We have heard Ld. Counsel for complainant as none appeared on behalf of OP and have perused the material placed on record.  From the testimony of the complainants and the documents placed on record such as copies of cheques, it is evident that complainants have paid an amount of Rs. 12,490/- to M/s. Eureka Forbes Limited (OP) against being the cost of each machine.  Except this document, there is nothing on record such as receipt and other documents; however, from the testimony of complainants coupled with these two documents, it is evident that complainants have purchased two machines by paying an amount of Rs. 12,490/- for each machine. 

          Since, their testimony have gone unrebutted, reliance has to be placed on their testimonies.  That being so, there has been deficiency on the part of M/s. Eureka Forbes Limited (OP-1) which has caused mental pain and suffering to the complainants. 

          We, therefore, order that M/s. Eureka Forbes Limited (OP-1) shall replace both the machines with Magna HD RO+ UV+ for which the complainants will pay the difference.  If the machines are not replaced with the new one, then refund the total amount of               Rs. 24,980/-.  They will also pay an amount of Rs. 10,000/- on account of mental pain and sufferings to the complainants.. 

          This order be complied within a period of 45 days from the date of order.  If not complied, the awarded amount shall carry 9% interest from the date of order till realization. 

          Copy of the order be supplied to the parties as per rules.

          File be consigned to Record Room.

 

 

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

       Member                                                                             Member    

            (SUKHDEV SINGH)

                   President