D.o.F:4/1/2020
D.o.O:29/5/2020
IN THE CONSUMER DISPUTES REDRESSAL FORUM KANNUR
CC.NO.9/2020
Dated this the 29th day of May 2020
PRESENT
SMT.MOLYKUTTY MATHEW : MEMBER
SRI. SAJEESH.K.P : MEMBER
Muhammed Rafeeq.P.v,
New House, Pallichal Cherukunnu Po,
Kannur Dt. , 670301 : Complainant
Globel Water Systems,
Thavakkara Complex, Thavakkara,Kannur-670002. : Opposite party
(exparte).
ORDER
SMT.MOLYKUTTY MATHEW : MEMBER
The complainant has filed this complaint U/S 12 of the Consumer Protection Act 1986 seeking direction against the opposite party to pay compensation and cost of the complainant for the deficiency of service on his part.
The case of the complainant in brief
The opposite party installed a water purifying system on 15/10/2019 in the well of complainant at a cost of Rs.51,000/- with an assurance that the open well water can be clearly purified. Before installation the opposite party visited and tested the complainants well water on 15/10/2019. At that time the complainants house well water TDS contain 350 to 400 mg. But after installing the opposite party ‘s filter contains excess 20 mg ferus iron formed in the water. Then the complainant measured the TDS point through the TDS meter and informed the opposite party. The complainant purchased the water filter from the opposite party only to reduce the excess ferus iron formed in the water. But thereafter also the system was not working in good condition the complainant approached Kerala Water Authority quality control for analysis of water. As per the inspection the water purifier system is not in good working condition, when the complainant approached again the opposite party for rectification of the defect. But the opposite party is not cure the defects. So 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 opposite party.
After filing the complaint, notice was issued to opposite party. Opposite party received the notice and not appeared before the Fora and not filed any version . Ultimately the Forum had to hold that the opposite party have no version. As such in this case came to be proceed against the opposite party as ex-parte.
Eventhough, the opposite party has remained ex-parte, it is for the complainant to establish the allegation made by him against the opposite party. Hence the complainant was called upon to produce evidence in the form of affidavit and documents. Accordingly the complainant has chosen to produce his affidavit along with 2 documents marking Exts.A1 &,A2,A2(a). So the opposite party is remain absent in this case. At the end the Forum heard the case on merits.
Let us have a clear glance at the relevant documents of the complainant. Ext.A1 is the tax invoice bill dtd.15/10/2019 paid by the complainant for the water filter for an amount of Rs.51,000/- to the opposite party. -Ext.A2 &A2(a)is the report obtained from Kerala Water Authority analysis report. So the opposite party is bound either to repair or replace or refund the price of water filter. Since the opposite party denied to repair or replace or refund the amount. There is deficiency of service on his part. Under this circumstances we are of the considered view that the opposite party is directly bound to redressal the grievance caused to the complainant. So the complainant is entitled to get the purchase price of water filter from the opposite party. Therefore we hold that opposite party is liable to refund Rs.51,000/- to the complainant along with Rs.1000/- as compensation and Rs.1000/- as litigation cost . Hence the complaint of the complainant is allowed.
In the result, the complaint of the complainant is allowed in part directing the opposite party to refund a sum of Rs.51,000/-(Rupees fifty one thousand only) to the complainant along with Rs.1000/- as compensation and Rs.1000/- as litigation cost to the complainant within 30 days of receipt of this order, on receipt of the aforesaid sum the complainant is liable to return the water purification system to the opposite party. Failing which the complainant shall be at liberty to execute the order as per the provisions of Consumer Protection Act 1986.
Exts:
A1- Tax invoice bill
A2&A2(a)- Analysis report of Kerala Water Authority.
Sd/ Sd/
MEMBER MEMBER
eva / forwarded by order/
SENIOR SUPERINTENDENT
