BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.
Consumer Complaint No. 173 of 2016
Date of Institution: 18.04.2016
Date of Decision: 19.07.2016
Mr.B.M.Singh son of Sh.Yog Raj, resident of 9-A, Chanderpuri Colony, Taylor Road, Amritsar, age 79 years.
Complainant
Versus
Eureka Forbes Ltd. through its Chairman/ Managing Director/ Principle Officer, service through its Branch Office at Race Course Road, Amritsar through its Branch Manager.
Opposite Party
Complaint under section 12 & 13 of the Consumer Protection Act, 1986 as amended upto date.
Present: For the Complainant: Sh.Deepinder Singh, Advocate
For the Opposite Party: Exparte.
Coram
Sh.S.S.Panesar, President
Ms.Kulwant Kaur Bajwa, Member
Mr.Anoop Sharma, Member
Order dictated by:
Sh.S.S. Panesar, President.
1. Sh.B.M.Singh has brought the instant complaint under section 12 & 13 of the Consumer Protection Act, 1986 on the allegations that he purchased one Water Purifier being manufactured/ marketed by Opposite Party alongwith Annual Maintenance Contract (AMC), copy of which is annexed. The complainant is a consumer as provided under the Act and is competent to invoke the jurisdiction of this Forum. The said water purifier was given Annual Maintenance Contract (AMC) from 27.11.2014 to 26.11.2016 and it includes periodical services and changing of filter candle, sediment filter and other consumables. Opposite Party charged Rs.2700/- for the said contract, but till the filing of the present complaint, the Opposite Party did not visit the complainant nor it render any service as promised by the contract inspite of the fact that Opposite Party has been reminded time and again. The aforesaid act of the Opposite Party in not providing the services to the complainant is an act of deficiency in service, unfair trade practice, mal-practice and is not sustainable in the eyes of law and has caused the mental agony and harassment and for which the Opposite Party is liable to pay the compensation of Rs.50,000/- to the complainant. The complainant has sought the following reliefs vide instant complaint:-
a) Opposite Party be directed to adhere to the contractual obligations and do the necessary acts as per contract dated 27.11.2014 and extend the period of contract for the next 15 months or in the alternative refund the proportionate amount with interest.
b) Opposite Party be directed to pay the compensation of Rs.50,000/- to the complainant.
c) Opposite Party be directed to pay the adequate cost of the present litigation.
d) Any other relief to which the complainant is found under the law, equity and justice be also allowed.
Hence, this complaint.
2. Upon notice, inspite of due service, none put in appearance on behalf of the Opposite Party and as such, the Opposite Party was ordered to be proceeded against exparte.
3. In his bid to prove the case, complainant tendered his duly sworn affidavit Ex.C1 in support of the allegations made in the complaint and also produced copy of bill / AMC Ex.C-2 and closed the exparte evidence.
4. We have heard the ld.counsel for the complainant and have carefully gone through the evidence on record.
5. From the perusal of the evidence on record, it becomes evident that the Opposite Party entered into a contract of maintenance of Water Purifier being manufactured/ marketed by Opposite Party, copy of Annual Maintenance Contract (AMC) accounts for Ex.C2. This contract provides for free replacement of consumables and periodical services to the product as below:-
Particulars | Type | UV Based Water Purifiers | RO Based Water purifiers | (UV+RO) Based Water purifiers | Vacuum Cleaners |
(a) No. of Periodical Service/ year | Silver | 2 | 2 | 3 | 2 |
Gold | 2 | 3 | 3 |
Platinum | 3 | 3 | 3 |
(b) Replacement of Consumables Per Year | One Pre Filter candle and Carbon Block, Two Carbon Granules & Dual Cartridge Replacements for the model applicable. | One Pre Filter Candle, Sediment Filter, Pre Carbon, Post Carbon and Membrane. | One Pre Filter Candle, Sediment Filter, Pre Carbon, Post Carbon, Micro Filter and Membrane. | Disposa-ble Bags Set of 10 Nos. |
But however, it is the case of the complainant that none of the employees of the Opposite Party ever visited the premises of the complainant for providing free services for the water purifier in dispute. The Opposite Party has charged an amount of Rs.2700/- for the said purpose from the complainant. The evidence adduced by the complainant has gone unrebutted on record as the Opposite Party, despite due service, did not opt to appear and contest the proceedings. In this way, the Opposite Party has impliedly admitted the correctness of the allegations made in the complaint. It also shows that Opposite Party has no defence to checkmate the complaint . As such the Opposite Party is deficient in service because it failed to provide any service in compliance of the Annual Maintenance Contract (AMC) w.e.f. 27.11.2014 uptil 26.11.2016 as promised by them .
6. Consequently, the instant complaint succeeds and Opposite Party is directed to provide Annual Maintenance Contract (AMC) free of charge to the water purifier in dispute belonging to the complainant forthwith . For being in deficiency of service, the Opposite Party is directed to pay Rs.2,000/- as compensation besides Rs.1000/- as litigation expenses. Compliance of this order be made within a period of one month from the date of receipt of copy of this order, failing which, the awarded amount shall carry interest @ 6% per annum from the date of filing of the complaint until full and final recovery. Beside this, the complainant shall also be at liberty to get the order in question enforced through the indulgence of this Forum. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
Announced in Open Forum
Dated: 19.07.2016. hrg
