By:Smt. Preethi Sivaraman C, Member (In-Charge of President)
Case of the complainant is that for getting pure and fresh drinking water, complainant installed an Acquaguard water filter with one year warranty and opposite party assured that when renewed, machine will get full warranty. At the beginning the filter service was done by a company at Calicut but after the expiry of warranty period they said that for Malappuram residence there is a company situated in Malappuram District for service and the delegate of the company came to complainant's house. Thereafter complainant and opposite party entered in to a service contract for three years from 28-03-2017 to 28-03-2020 for an amount of Rs. 4840/- and complainant paid the full amount. But the service was done only on that day when the contract for the warranty was signed and opposite party was not ready to service the filter later. Due to complainant's repeated request one of the delegates of opposite party came and service done on 27-07-2018. Thereafter the water filter became defunct and complainant got a message in his phone that the “filter service already done”. Then another mechanic came and he took off the water filter and said that machine could not be repaired here . On the same day on 19-08-2018 opposite party's delegate gave a receipt for proof to complainant that the machine was unloaded and taken away by him. Since opposite party did not repair and returned the machine to complainant, he bought another water filter for Rs.18,917/-. Hence this complaint.
Notice sent from this Forum through speed post to opposite party and notice served on them and they did not turned up . Hence opposite party is set exparte.
In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 to A3. Ext.A1 is the copy of the service contract bill from 28-03-2017 to 28-03-2020, Ext. A2 which is the copy of service request activity report and Ext. A3 is the copy of bill of new water filter.
The allegations against opposite party is proved by the unchallenged evidence of complainant. Hence we allow this complaint holding that opposite party is deficient in service.
Therefore we direct the opposite party to pay Rs. 18,917/- (Eighteen thousand nine hundred seventeen rupees only) as the cost of the new water filter and Rs.4,840/- (Four thousand eight hundred forty rupees only) is the service contract amount already paid by complainant to opposite party and Rs.2,000/- (Two thousand rupees only) for the mental agony and hardship suffered by him by the act of the opposite party and Rs.2,000/- (Two thousand rupees only) as compensation for the the deficiency in service of opposite party and financial loss sustained by complainant and Rs.1,000/- (Thousand rupees only) as cost. The order shall be complied within one month from the date of receipt of copy of this order .
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite party is liable to pay the interest @12% per annum on the said amount from the date of receipt of the copy of this order till realization .
Dated this 13th day of December, 2019.
PREETHI SIVARAMAN . C, MEMBER
(In-Charge of President)
MOHANDASAN.K, MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1 to A3
Ext.A1 : Copy of the service contract bill from 28-03-2017 to 28-03-2020.
Ext.A2 : Copy of service request activity report
Ext A3 : Copy of bill of new water filter.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
PREETHI SIVARAMAN . C, MEMBER
(In-Charge of President)
MOHANDASAN.K, MEMBER
