SMT.MOLYKUTTY MATHEW : MEMBER
The complainant has filed this complaint under sec.12 of the Consumer Protection Act 1986 seeking direction against the opposite party to provide proper repair and maintenance service of the water purifier to the complainant and to pay compensation for the deficiency of service on his part.
The case of the complainant in brief.
The complainant is one of the customer of opposite party's AMC water purifier. The complainant's customer code No.was 1009019495. For the last 15 years the complainant is using opposite party's service. The complainant and opposite party entered into an agreement to purify the water within 6 months, one time free service given to the complainant. Thereafter he extended the service to one year. But now the service extended to 3 years and renewal the agreement also. The additional maintenance contracts was executed between the complainant and opposite party for the period of 29/11/2013 to 28/11/2016. This period the opposite party has provided his service to the complainant as per the terms of the contract. the complainant paid the service charge for Rs.3525/- through SBI account. Thereafter on 21/1/2017 the opposite party has provided service to the complainant. But for the last one year,regarding service no reply from the side of opposite party. So the water purifier system is not in good condition, the complainant cause mental agony and hardship. Alleging the above said act amounts to deficiency of service and unfair trade practice on the part of the opposite party. The complainant has filed the instant complaint.
After filing the complaint notice was issued to opposite party, appeared before the Fora and filed his version. It states that the complainant has not registered for further AMC after the expiry of AMC. The opposite party is ready to provide their service, if the complainant is ready to register the same. There is no cheating from the part of opposite party and no deficiency of service on his part and the complaint may be dismissed.
Accordingly the complainant has to produced her chief affidavit in lieu of her chief examination and Exts.A1and to A2 marked and cross examined as PW1. Ext.A1 clearly shows that the complainant had paid Rs.3525/- to the service charge of Eureka Farb'es and Ext.A2 is the service request activity report. Opposite party states that the complainant is ready to register the AMC , the opposite party is ready to provide their service.
In the result, we the Fora disposed the complaint directing the opposite party to give paid service to the complainant as per terms and conditions of AMC. This order to be complied by the opposite party within 30 days of receipt of this order. Failing which the complainant shall be at liberty to execute the order as per the provisions of Consumer Protection Act 1986.
Exts
A1 -Service contract receipt
A2- Service request activity report.
Sd/ Sd/ Sd/
MEMBER MEMBER PRESIDENT
eva /Forwarded by Order/
SENIOR SUPERINTENDENT
