IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Friday the 30th day of Decmeber, 2016.
Filed on 01.09.2016
Present
1. Smt. Elizabeth George, President
2. Sri. Antony Xavier, Member
3. Smt. Jasmine.D. (Member)
in
C.C.No.284/2016
between
Complainant:- Opposite Parties:-
Sri. Kochumman Varghese, 1. Eureka Frobes
Kalarikkal House, Schedule No-42
Evoor Vadakku P-3/C Muneswara Layout
Cheppad P.O Haralukunte, Kudlu
Alappuzha- 690 507 Banglore- 560 680, India
2. Texmo Agencies
Harippad
O R D E R
SRI. ANTONY XAVIER (MEMBER)
The complainant case in succinctly is as follows:-
The complainant on 18thy July 2011, purchased a water filter ‘Aqua Sure – DX for an amount of Rs. 4,900/-. Subsequently in 2014, the complainant entered into an ‘Annual maintenance Contract’ with the opposite party. Despite this the opposite party did not carry out maintenance in time, and extended the same to three more months. Thereafter in August 2015, the complainant was issued a new ‘Annual Maintenance contract’ on paying Rs. 2,685/-. As per the new contract, maintenance has to be carried out in June 2016. The opposite party however has not affected any maintenance till August 2016, and the complainant contacted the opposite party over phone. The opposite party registered the complaint and tendered the complaint Number. 88692724 to the complainant. Notwithstanding this, the opposite party never made it a point to carry out maintenance work till date thought to opposite party had been contacted over phone, E-mail and other wise on a number of occasions. The complainant on getting aggrieved on this approached this Forum for compensation and other relief.
2. Notice was served, yet the opposite parties did not turn up to challenge the complainant case. Resultantly, the opposite parties were set ex-partie.
3. The complainant filed proof affidavit and the documents Ext. A1 and Ext. A4 were marked. As did already observe the opposite party has not appeared or adduced any evidence.
4. Bearing in mind the contentions of the complainant, the questions that come up for consideration are:-
(a) Whether the opposite party’s service is deficient?
(b) If the complainant is entitled to any relief?
5. The complainant’s specific case is that the complainant purchased a water filter’Acqua Sure – DX for an amount of Rs. 4,900/-. On a couple of occasions the complainant entered into ‘Annual Maintenance Contract’ with the opposite party, strangely still, the opposite party never made it a point to carry out any maintenance work as to the water filter. We meticulously perused the materials placed on record by the complainant. We went through the proof affidavit and the examined the documents Ext.A1 to Ext.A4. The complainant joined the maintenance scheme on two occasions; nevertheless the opposite party never complied with what they had offered. The Exts.A1 to Ext.A4 evidently bears testimony to the complainant’s contentions. At the same time, the opposite parties neither turned up not let in any evidence to challenge the complainant case. In the context of the complainant’s plausible case and in the premise of not complainant is entitled to relief. It goes without saying that the service of the opposite party is deficient. We hold the opposite parties liable.
In the result, the complaint is allowed, the opposite parties are directed to repair the material ‘water filter’ free of cost, extend the ‘Annual Maintenance Scheme’ to one more another year from the date of delivery of the ‘water filter to the complainant after its revamping to perfection, within one month and the opposite parties are further directed to give the complainant an amount of Rs. 1000/-[Rupees One thousand only] as compensation. In the event of non repairing the opposite parties shall refund an amount of Rs. 2685/-[Rupees Two thousand six and eighty five only] with interest of 9% from the date of the complaint till the payment of the same to the complainant amount of which the complainant paid towards ‘Annual Maintenance Contract’ and the opposite parties shall pay an amount of Rs. 2000/- [Rupees Two thousand only] each as compensation and cost to the complainant. The opposite parties shall comply with the order within thirty days of receipt of this order.
Pronounced in open Forum on this the 30th day of December, 2016.
Sd/-Smt.Elizabeth George (President) :
Sd/-Sri. Antony Xavier (Member) :
Sd/-Smt.Jasmine.D. (Member) :
Appendix:-
Evidence of the complainant:-
Ext.A1 - Invoice Bill Dtd 18-01-2011
Ext.A2 - Invoice cum Receipt Dtd. 8/12/2015
Ext.A3 - Service report.
Ext.A4 - Copy of the letter Dtd 19/8/2016
Evidence of the opposite parties:- Nil
//True copy//
By Order
Senior Superintendent.
To
Complainant/Opposite parties/SF
Typed by: Br/-
Compd. By:
