O R D E R

SUBHASH GUPTA, MEMBER

The complainant has filed the present complaint against the O.P. u/sec. 12 of Consumer Protection Act, 1986. The facts as alleged in the complaint are that the complainant purchased a RO Kent for Rs.14,000/- on 11.11.2008 from OP-2 on the assurances that it is durable purification system and will give complete protection from the bacteria and viruses.  It is alleged in the complaint that within 10 days from its use the UV tube of the machine failed which caused inconvenience to the complainant’s family. The complainant made a complaint and the fault was repaired by the Company(OP-1).  It is further alleged in the complaint that RO system purchased by him was giving constant problems. On these facts complainant filed the complaint on 12.11.2009 praying that OPs be directed to pay the cost of RO system and also to pay compensation as claimed.

2.     Notice of the complaint was given to the OPs, who filed their written statement.  The averments made in the complaint were denied and only issue of territorial jurisdiction was raised.  Both the parties filed their evidence by way of affidavit.

3.     During the course of arguments this Forum made efforts for settlement of the case in the Lok Adalat held on 12.12.2015.  Counsel of OP, Sh. Gagan Nath, agreed to refund Rs.14,000/-, which was the cost of RO System.  Complainant insisted for awarding compensation for mental agony, harassment and other relief as prayed in the complaint.

4.     We have considered rival contentions and gone through the case.  Since the OPs are ready to refund the cost of RO system, therefore OPs are directed to pay Rs.14,000/-. The complainant is also awarded sum of Rs.3,000/- as compensation towards mental agony and harassment which will also include  cost of litigation.  This amount shall be payable within 45 days from the date of order failing which the complainant shall be entitled to interest @ 6@% till its realization.  Ordered accordingly.

     Copy of the order be sent to the parties as per rules.

  Announced on this 18^th day of December, 2015.                      

(K.S. MOHI)                   (SUBHASH GUPTA)                     (SHAHINA)

  President                              Member                                   Member