BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)

 13^TH DAY OF APRIL 2016

O R D E R

SMT. M. YASHODHAMMA,   MEMBER

This is a complaint filed by the complainant in person under Section 12 of Consumer Protection Act, 1986 praying for an order against Opposite Parties (herein after referred as OPs) to refund Rs.13,018/-  along with interest, compensation of Rs.50,000/-, expenses of Rs.18,000/- which includes towards drinking water expenses of Rs.2,000/- per month and loss of leave along with cost on the allegations of deficiency of service. 

2.      The brief averments made in the complaint are as follows:

On 23.03.2014 complainant placed an order for the product “LivPure 8.5 liters Touch RO water purifier” through OP-3 and made an online payment of Rs.13,018/- through online ICICI Bank credit card.   After two days complainant received the said product at his residence in Bangalore vide invoice dated 10.04.2014 issued by OP-1 Company.  On 10.04.2014 an engineer of OP came for installation and upon inspection of the said product he informed the complainant that the said product does not contain a 3-way connector and wall mount which is necessary for installation and the product has lot of scratches on it.  Complainant filed a complaint in respect of the manufacturing defects of the said product requesting OPs to replace but unfortunately the complaint was closed by OP without any prior intimation. The complainant made several attempts to contact the persons of OPs through phone calls and            e-mails.  But there was no response from OPs.  The complainant raised his claim through website of OP-3 for that OP-1 replied disowning the said product. Thereafter complainant lodged a complaint for rectification and replacement of the product with OP-2, OP-2 informed that issue will be resolved with 10 working days.  Thereafter neither OP-2 or OP-1 took any steps to resolve the complaint nor made any response regarding the replacement of the said product.  Complainant sent several e-mails, OP-2 replied stating they will install same product by providing accessories.  Complainant rejected the solution of OP-1 as the said product was visibly dirty and sought to replace a brand new product.  Complainant waited for four months for replacement.  There was no response from OPs.  Due to this unsatisfied and unprofessional service of OP complainant felt deficiency in service against OPs.  Under the circumstances, he is advised to file this complaint against OP for appropriate relief.

3.  After registration of the complaint, notice was issued to OP 1 to 3.  Inspite of service of notice OP 1 to 3 remained absent without any sufficient reason or cause.  Hence OP 1 to 3 were placed exparte and posted the case for filing affidavit of the complainant.

4. In support of the complaint averment, Mr.Sravan Shakker, who being the complainant filed his affidavit by way of evidence reiterating the complaint averments and also produced documents.

5. The above said assertions of the complainant have remained unchallenged. OPs neither filed version nor denied the sworn testimony of the complainant.  So under the circumstances, we have no reasons to disbelieve the sworn testimony of the complainant.

6. In support of his complaint complainant has produced the following documents. Document No.1 is copy of the invoice dated10.04.2014 issued by OP-1 GSR Electrogifting Pvt. Ltd., to the complainant for having sold “Livepure RO Water Purifier for a sum of Rs.14,400/-. Document No.2 is copy of the notice issued by complainant to OPs dated 14.10.2014 calling upon OP-2 to refund Rs.14,400/- along with interest + Rs.18,000/- expenses incurred towards drinking water expenses, loss of leave and court expenses, Rs.50,000/- compensation within 15 days failing which he will ask his advocate to file Consumer complaint for deficiency in service.  Document No.3 are copies of the emails correspondences between 03.06.2014 to 31.07.2014 made by complainant to OP.  Document No.4 is copy of the letter issued by service engineer.  Document No.5 is copy of the acknowledgement of First Flight Courier receipt dated 15.10.2014.  Document No.6 is copy of the ICICI Bank  credit card statement of the complainant which shows the payment of Rs.13,018-45 paisa to Ebay India i.e., OP-3 on 23.03.2014.

7.  On perusal of oral and documentary evidence produced by the complainant it is clear that complainant has purchased Livpure RO water purifier from OP-1 on 10.04.2014 by paying a sum of Rs.14,400/- as per Document No.1 Invoice and Document No.6 credit card statement.  Now the grievance of the complainant is the water purifier supplied by OP was not looking like a brand new product.  It has lot of scratches on it.  Further the said product does not contain 3-way connector and wall mount which are necessary for installation.  Hence complainant made a complaint to OPs.  Though OPs promised to resolve the issue within 10 days, but failed to replace with brand new product since four months.  Complainant got issued notice dated 04.10.2014 as per Document No.2 calling upon OP 1 to 3 to refund Rs.14,400/- with interest, compensation of Rs.50,000/-, expenses of Rs.18,000/- with cost within 15 days failing which he will approach consumer forum.  There was no response from OP.  Hence, this complaint. 

8. From the available materials on record, it is crystal clear that complainant placed an order through OP-3 and purchased “Livepure water purifier” from OP-1 Company by paying a sum of Rs.13,018/- on 23.03.2014.  On receiving the product it was noticed that seal was broken and product has scratches on it.  The machine was dirty and appeared as a used machine.  Hence we are of the view that the said product was not a brand new product and it did not accompany with the accessories required for installation like 3-way connector and wall mount etc., as per Document No.4, letter issued by service engineer Mr.Sudharshan.  Inspite of repeated requests, number of emails and legal notice dated 14.10.2014, OPs failed to replace the product or to refund the amount for more than two years now.  Thereby made the complainant to approach this forum by wasting his valuable time and money.  Under the circumstances, we are of the considered view that the water purifier supplied by OPs is a defective one.  Having spent Rs.13,018/- complainant could not make use of the water purifier since two years.  The act of OPs in supplying defective water purifier amounts to deficiency in service and unfair trade practice on the part of OPs.  Under the circumstances OPs are jointly and severally liable to refund Rs.13,018/- within 30 days from the date of receipt of this order failing which to refund the said amount along with interest at 9% per annum from the date of complaint till realization and to pay compensation of Rs.10,000/- towards deficiency in service and inconvenience caused to the complainant and also to pay Rs.3,000/- towards cost of the proceedings.  Accordingly, we proceed to pass the following:

ORDER

1. The complaint filed by the complainant is allowed in part. 

2.  OPs are jointly and severally  shall refund Rs.13,018/- to the complainant within 30 days from the date of receipt of this order failing which to refund the said amount along with interest at 9% per annum from the date of complaint till realization.

3.  Further OPs shall pay Rs.10,000/- towards deficiency in service and inconvenience caused to the complainant along with litigation cost of Rs.3,000/-.  

4. On receipt of the above said amount from OPs, the complainant is directed to return the said water purifier to OP-2.

5. Supply free copy of this order to both the parties.

 (Dictated to the Stenographer and typed in the computer and transcribed by her, verified and corrected, and then pronounced in the Open Court by us on this the  13^th day of April 2016)

MEMBER                            MEMBER                         PRESIDENT

NRS* 

COMPLAINT NO.358/2015

Witness examined on behalf of the complainant dated 07.02.2016 Sri.K.Sravan Shakker,                     

Witnesses examined on behalf of the OPs – Absent

List of documents produced by the OPs– Nil

MEMBER                             MEMBER                         PRESIDENT