By Smt. PREETHI SIVARAMAN.C, MEMBER
1.Case of complainant:-
On 27/10/2014 complainant had purchased Jaquar sanitary products like sink mixer, Tap etc from Home Land Traders, Tirurangadi (Opposite party No.3) as per bill No.20486. On 2017 the sink mixer got damaged and technician came and rectified the defect. Again on 2020, the above sink mixer got damaged and complainant called the customer care. On 09/09/2020, the technician came and he wanted the purchase bill of the product. Then complainant showed the purchase bill given by opposite party No.3, but the service person was not ready to accept that bill and wanted service charge for the above work. The contention of the service person is that opposite party No.3, the Home Land traders is not an authorised shop for selling the Jaquar brand of products. Opposite party No.1 and 2 hesitate to accept the bill produced by complainant which was given by opposite party No.3 to complainant at the time of purchasing the product. Opposite party No.3 was assured life time warranty for the product of Jaguar.
2. Thereafter on 12th September complainant filed a complaint before National Consumer Help line as per docket No. 2241348 and on 8/10/2020 complainant received a call from National Consumer Help line and they informed the complainant that they got and information that a technician would come and rectify the defect. But nobody approached the complainant till date. Moreover not rectified the defect caused to the product. Hence this complaint. Due to the deficiency of service from the side of opposite parties complainant is harassed mentally and emotionally.
3. The prayer of the complainant is that, he is entitled to get Rs. 50,000/- as compensation for the deficiency of service from the side of opposite parties and Rs. 5,000/- as cost.
4. On admission of the complaint notice was issued to the opposite parties and notice served on them and opposite party No.3 did not turn up. Hence opposite party No.3 set exparte. Opposite party No.1 and 2 filed version.
5. In their version they stated that, all the averments stated by complainant is false. They again stated that in the year 2017 they rectified the defect of sink mixer of complainant. On 9/9/2020 opposite party No.2 approached complainant for checking the defect of the product and they realised that, that defect will be rectified by replacing the parts. For that purpose warranty card and purchase bill is necessary. But there is no purchase bill and warranty card with the complainant. Without original purchase bill and warranty card opposite parties are unable to replace the parts on free of cost. Complainant is having an estimate with him, not a purchase bill. They are ready to rectify the defect on chargeable basis.
6. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 and A2. Ext.A1 is the original estimate dated 27/10/2014, Ext.A2 is the cash received computer bill dated 11/11/2014.
7. Thereafter opposite party No.1 and 2 not appeared and not filed affidavit and documents. Hence opposite party No.1 and 2 set exparte.
8. The allegations against opposite parties are proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite parties as alleged in the complaint. Hence we allow this complaint holding that opposite parties are deficient in service.
9. Hence we allow this complaint as follows:-
- The opposite party No.3 is directed to refund Rs. 5518/-(Rupees Five thousand five hundred and eighteen only) to the complainant, the cost of the Jaquar,
sink mixer mentioned in Ext. A1 document.
- The opposite party No.1 and 2 is directed to pay compensation of Rs. 3000/-(Rupees Three thousand only) to the complainant on account of deficiency in service on the part of opposite parties and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite party No.1and 2 is also directed to pay Rs.2000/- (Rupees Two thousand only) as cost of the proceedings
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite party No.1 to 3 are liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 24th day of August, 2022.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1& A2
Ext.A1 : Original estimate dated 27/10/2014.
Ext.A2 : Cash received computer bill dated 11/11/2014.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
