Delhi

East Delhi

CC/292/2016

DR.Y.D SHARMA - Complainant(s)

Versus

LIFE SAFE H2O SOLUTION - Opp.Party(s)

24 Apr 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

 

C.C. NO. 292/16

 

Dr. Y.D. Sharma

S/o Late Shri B.S. Sharma

R/o F-222, Mangal Bazar Road

Laxmi Nagar, Delhi                                                       ….Complainant

 

Vs.     

 

M/s. Livsaf H2O Solutions

Water Purifier and RO Service Center

11/393, Lalita Park, Laxmi Nagar

Delhi – 110 092

Through its Manager/Director/concern person                       …Opponent

 

 

Date of Institution: 03.06.2016

Judgement Reserved on: 24.04.2019

Judgement Passed on: 29.04.2019

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Sh. Sukhdev Singh (President)

 

 

JUDGEMENT

            This complaint has been filed by Dr. Y.D. Sharma against Livsafe H2O Solutions (OP) under Section 12 of the Consumer Protection Act, 1986 with allegations of unfair trade practice and deficiency in service. 

2.         The facts in brief are that complainant purchased two water purifier system /RO from Eureka Forbes Limited in the year 2010 and got the same installed at first and scond floor of his house i.e. F-222, Mangal Bazar Road, Laxmi Nagar, Delhi. 

            It was stated that on 23.08.2015, OP visited the premises of the complainant for physical verification of water purifires.  The complainant was agreed to make Annual Maintenance Contract of water purifiers with OP and make the payment of Rs. 3,850/- for each RO system vide invoice no. 606 & 607.  The validity of the contract was w.e.f. 23.08.2015 to 22.08.2016. 

It was also stated that on 17.03.2016, Mr Raj Mishra, engineer from OP company visited the premises of complainant for servicing the RO system.  At the time of servicing, he noted that there was defect in the tap of RO system and also broken the candle cover adjacent to RO system which was installed at second floor.  He left the house by saying that he was going to OP’s company to bring the same, but did not turn up.  The complainant made various telephonic calls to Shri Raj Mishra and OP’s company, but did not get any response . 

Having no other option, the complainant got both ROs repaired from Eureka Forbes Ltd. on 01.05.2016 by paying an amount of Rs. 970/- vide ICR No. 60-18505737.  The engineer of Eureka Forbes Ltd. found that the systems were damaged by some untrained/unskilled person. 

During the fault period the complaint was compelled to purchase the water bottles for drinking purpose from the market, cost of which was      Rs. 100/- per day per floor.  Due to the act and activities of OP, he has suffered mental pain, agony and harassment.  Hence, he has prayed for directions to OP to pay Rs 11,670/- (Rs. 3850x2=7,700 + 3,000 + 970/-) towards loss suffered and the expenditure incurred and compensation of Rs. 1,00,000/- on account of mental pain and agony . 

3.         Publication has been made in newspaper, however, OP did not put the appearance, hence, they were proceeded ex-parte.

4. n support of its case, the complainant have examined himself.  He has deposed on affidavit.  He has narrated the facts which have been stated in the complaint.    He has got exhibited documents such as copy of invoices dated 23.08.2015 of Rs. 3,850/- each (Ex. CW-1/A & 1/B), copy of bill of Eureka Forbs Ltd. Of Rs. 970/- (Ex. CW-1/C) and photographs of damaged RO (Ex. CW-1/D).   

5.         We have heard Ld. Counsel for the complainant and have perused the material placed on record.  From the documents such as copy of invoice (Ex.CW-1/A & 1/B), it is evident that the complainant purchased two units of water purifier system which were having one year annual maintenance which was from 23.08.2015 to 22.08.2016. 

Further, from the documents Ex.CW-1/C, it is evident that complainant have got these two units repaired by paying an amount of     Rs. 970/- to M/s. Eureka Forbes Ltd. which is of dated 01.05.2016.  It means that the complainant have got these two units repaired /rectified from     M/s. Eureka Forbes Ltd. on 01.05.2016 during the subsistence of Annual Maintenance Contract with M/s. Livsafe H2O Solutions. 

            Further, from the photographs of damaged RO (Ex.CW-1/D), it is evident that the RO system which was installed at the premises of complainant got damaged during the validity of the Annual Maintenance Contract. 

Since, OP have not appeared inspite of service and were ex-parte, the testimony of complainant which has gone unrebutted, has to be accepted.  His version that he has purchased water bottles from market and have spent an amount of Rs. 3,000/- during this period cannot be accepted as no documents have been placed on record to substantiate this fact.  The fact that complainant have remained without the facility of RO, certainly, he has suffered mental pain and suffering for which he has to be compensated.

In view of the above, we order that complainant be paid an amount of Rs. 8,670/- paid by him covering the annual maintenance.  We further order compensation for an amount of Rs. 5,000/- which includes the cost of litigation.  The awarded amount be paid within a period of 30 days from the date of receipt of order.  If not paid, the total amount of Rs. 13,670/- shall carry 9% interest from the date of order till realization.

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

            File be consigned to Record Room.

 

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

       Member                                                                             Member 

 

(SUKHDEV SINGH)

                   President