Per Hon’ble President Shri Pradeep G. Kadu
This is a consumer complaint filed under Section 35 of Consumer Protection Act 2019 by the Complainant herein. According to the Complainant, the brief facts of the case and contentions in the said case are as follows:
1) The Complainant Mr.Parag Anand Joshi, purchased the water purifier on Amazon and got it installed in November 2019. The water purifier manufacturer was M/s Franke Faber India Private Limited i.e, the Opposite Party herein. Thereafter, around February 2019, it started facing problems like reject water being expended without using any drinking water. During the routine use, the water purifier was found that the water kept on getting expended.
2) The reject water being expended without any transaction is a manufacturing defect. Several complaints were made to get the defect repaired. The Opposite Party tried repairing it several times and has also recorded it over a period of 75 minutes wherein every 15 minutes the reject water gets expended without using even a drop of water.
3) As the water purifier is not repaired and defect is not removed, the Opposite Party replaced the product with new warranty. However, the replaced product was also a defective one. The said issue of expending water existed in the replaced product also. The product being defective is a deficient service. However, as there is no response from the Opposite Party, the Complainant left with no alternative but to knock the doors of this Consumer Commission and to file the present consumer complaint.
Contentions of the Opposite Party
4) Despite the service of the notices to the Opposite Party, issued by this Commission, the Opposite party failed to submit their written version in the above complaint and therefore, this Commission was pleased to pass No WS Order against the Opposite Party on 9th May, 2022. Further, the Opposite Party remained absent on several occasions to submit their argument on legal issues also.
Documents submitted by the complainant
i) Invoice copy of transaction;
ii) Email correspondence between complainant and opposite party
Observations of the Facts and Conclusions
i) It is observed from the documents available and produced before us that the Complainant has purchased water purifier on 25th October, 2019 from M/s Franke Faber India Pvt Ltd., i.e, the Opposite Party herein.
ii) The description of the product purchased is as….Faber Galaxy RO+UF+MAT, 9 Liters, 7 Stage Mineral Water Purifier with Upto 2500 TDS, White | B07V24P4K2 ( 120.0580.731 )HSN :8421.
iii) The payment receipts and invoice copy confirms the said transaction.
iv) The correspondence between the Complainant and the Opposite Party also amply confirms the transaction mentioned in Point No. i).
v) The correspondence between the Complainant and the Opposite Party over mail dt.19th October, 2019 suggest that the Opposite Party had received the grievance raised by the Complainant and noted the defect mentioned by the Complainant. The Opposite Party agreed to resolve the said defect issue according to their protocol.
vi) Similar mail dt.5th January, 2021 confirms the acceptance of defect by the Opposite Party.
vii) The Opposite Party vide letter dt.10th June, 2022 extended the comprehensive warranty of the said product by nine months i.e, till 27th January, 2023.
viii) The Complainant brought the chronology of event about the product purchased from the Opposite Party, its receipt, installation, communication of defect, attempts by service centre personals of the Opposite Party, correspondence with the Opposite Party on various occasions for the said defect in water purifier. There are supporting mails to some incidences mentioned in the chronology of events. Hence, there is no reason to doubt the submission of the Complainant in the said chronology of event regarding the defective supply of goods to the Complainant by the Opposite Party.
ix) The Opposite Party was given ample opportunity to submit their reply on all the issues raised by the Complainant. However, the Opposite Party failed to respond the communications.
x) The Opposite Party in spite of giving sufficient opportunities to defend their case, no response seen as per the proceedings of the case. Considering the substantial facts brought on record by the Complainant related to supply of defective product by the Opposite Party to the Complainant, we believe that the said supplied product is defective and hence, the Opposite Party is under an obligation to provide resolution as requested by the Complainant. Hence, we proceed to decide the matter on the basis of available evidence in the said case.
5) On the basis of the above observations, it is confirmed that the Complainant got the defective piece of water purifier from the Opposite Party. The said defect is not resolved by the Opposite Party nor replaced the defective product. Hence, we confirm that the Opposite Party is guilty of deficiency in service towards the Complainant.
6) The Complainant has made following prayers in his written submission
a) Replacement of the same make or higher, alongwith installation of the same ( Cost Rs.7,999/-);
b) Warranty of the new piece should also be in place;
c) A compensation of Rs.10,000/- for not honouring their replacement under warranty;
d) Rs.5,000 towards Cost of legal advise and Administrative Costs incurred.
7) On careful perusal of facts and available records, we found genuinely in the complaint and prayers of the Complainant.
8) Hence, based on above observations and findings, following points arise for determination on which we record findings with the reasons given below:
Sr. No. | Points | Findings |
1. | Whether the Complainant is entitled to claim the reliefs sought in the complaint? | Yes. |
2. | Does the Opposite Party is guilty of deficiency in service? | Yes. |
3. | What Order? | As per final order. |
9) The Opposite Party is found guilty of deficiency in service and unfair trade practice within the meaning of Section 2 (11) and 2 (47) of Consumer Protection Act, 2019.
10) In the said circumstances Complainant’s prayers deserve to be allowed as requested by the Complainant for the replacement of product and also deserve for the compensation and legal expenses incurred in the said matter.
11) Hence, the following order.
ORDER
1) The Consumer Complaint No.CC/202/2021 is hereby allowed.
2) The Opposite Party to replace the water purifier of same make free of cost along with free installation.
3) If the Opposite Party not able to replace the product as mentioned in above Clause No.2, they have to refund Rs.7,999/- within 45 days from the date of receipt of this order.
4) If the Opposite Party failed to refund the amount as mentioned in above Clause No.3, the same will carry the interest @6% p.a. from the date of this order.
5) The Opposite Party to pay compensation of Rs.10,000/- towards mental agony & Rs.5,000/- towards cost of litigation to the Complainant within the period of 45 days from the date of receipt of this order.
6) The certified copy of order be sent to both the parties free of costs.
