DATE OF DISPOSAL: 23.12.2020.
Dr. Aswini Kumar Mohapatra,President:
The factual matrix of the case is that the complainant has filed this consumer complaint Under Section 12 of the Consumer Protection Act, 1986, alleging deficiency in service against the Opposite Party (in short the O.P.) and for redressal of his grievance before this Forum.
2. Briefly stated the case of the complainant is that he purchased a water purifier machine from O.P.No.3 through online service of Flipkart in the invoice No.FBBK1900102211 dated 11.08.2018 for Rs.8999/- which is a product of Livpur Pvt. Ltd. O.P.No.1. The product is installed on dated 18.08.2018 by O.P.No.2. The said instrument or machine product covered under warranty period of one year. After installation, the said water purifier has not been working properly and satisfactorily as a result of which it has been made repairing several time through the service provider. On 06.05.2019 and 21.05.2019 when the water purifier machine got defect the complainant contacted to the customer care vide complaint No.18004199399 from his mobile No.9668663038 to the O.P.No.1, the company service request vide No.JS19050501549 and JS19052101830 but no action was taken by the O.P.N o.1. After that the complainant complained before the O.P.No.1 through email for replacement of the same. But till date the O.P.No.1 has not taken any action in this regard. At the time of repair the complainant found one part of the water purifier is defective and the service provider has taken the part to replace under intimation to him. But due to non available of the spare parts it has not been replaced. After repair of several time the purifier now totally defunct and it is not to use condition. So the complainant repeatedly intimated to the O.P.No.1 through email and over helpline number for replacement and supply of new purifier machine but neither they have replied nor replaced the same. Due to irregular and improper functional of the purifier his family is drinking non purified water as a result his family facing a lot of health problems. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.Ps to replace the water purifier a brand new with further extension period of one year warranty of the product inter alia compensation of Rs.50,000/- for harassment and mental agony, Rs.5000/- towards litigation cost in the best interest of justice.
3. Notice was issued to the O.Ps. The O.P.No.1 and 3 neither appeared nor filed any written version, hence the O.P.No.1 and 3 were declared exparte on 14.11.2019. The O.P.No.2 only filed version on dated 22.10.2019.
4. The O.P.No.2 stated that he is a mere service provider of the product the materials manufactured by the O.P.No.1 (Manufacturer). Basing on the service to the customer, the O.P.No.2 is being paid the cost of the service @ Rs.90/- per day for attending the complaint of the customer by the O.P.No.1. Hence there is no relation of the O.P.No.2 with the complainant and as such this petition against the O.P. No.2 is not tenable. The O.P.No.2 has not received any service charges from the complainant. In such of the condition of the agreement with the O.P.No.1 and 2 has no chance of receiving any charges from the customer. Hence the O.P.No.2 has neither been provided any service charge from the present complainant and the complainant has paid any money to the O.P.No.2. As such the present complaint against the O.P.No.2 is basically frivolous for which the complainant is liable to pay exemplary compensation in terms of the provisions of the C.P.Act, 2019. The complaint of the complainant reveals that the purifier was purchased on 11.08.2018 and installed 18.8.2018 and the warranty period of one year. Accordingly the warranty period of the product expires on 10.08.2019. It is the plea of the present complainant to file the dispute before expiry of the warranty period. Needless to mention that the product could function without defects till 5.5.2019 i.e. for nine months. As per conditions of the warranty, the O.Ps the manufacturer is no way responsible for mishandling of the product as per item No.7 of the warranty terms and conditions. It is pertinent to mention that the complaint of the complainant has been timely attended by the O.P.No.2. The complainant has not produced the defective purifier in question before this Commission for expert opinion and in absence of the same the present complaint has not merit and liable to be dismissed. The complaint are basically has no truth and merit and there arises no occasion for deficiency of service on the part of the O.P.No.2. It is therefore prayed that the complaint against the O.P.No.2 may be dismissed with direction to the complainant for payment of compensation since the O.P.No.2 has been harassed for filing frivolous complaint to meet the ends of justice.
5. On the date of hearing of the consumer complaint the complainant was present. The O.P.No.2 was absent on repeated call. We heard argument from him for the complainant at length and perused the complaint petition, affidavit in chief and materials placed on the case record. As per merit of the case it is established that the present complainant purchased a water purifier machine from O.P.No.3 through online service of Flipkart in the invoice No.FBBK1900102211 dated 11.08.2018 for Rs.8999/- which is a product of Livpur Pvt. Ltd. O.P.No.1. The product is installed on dated 18.08.2018 by O.P.No.2. The said instrument or machine product covered under warranty period of one year. After installation, the said water purifier has not been working properly and satisfactorily as a result of which it has been made repairing several times through the service provider. The water purifier found to be defective during warranty/guarantee period and the O.Ps failed to rectify the same inspite of repeated approached by the complainant.
6. On foregoing discussion it is clear evident that the O.Ps are negligent in rendering proper service to the complainant. Hence, in our considered view there is deficiency in service on the part of the O.Ps.
7. As a result, the complainant’s case is partly allowed on exparte against the O.P.No.1 &3 and dismissed against O.P.No.2. Both the O.Ps 1 &3 are jointly and severally liable as such they are directed to repair the defective water purifier by changing defective parts without charging any cost from the complainant with one year fresh warranty or else refund Rs.8,999/- i.e. cost of the water purifier to the complainant. Further, the O.P.No.1 & 3 are also directed to pay Rs.3,000/- towards compensation for mental agony alongwith Rs.1000/- towards cost of litigation to the complainant. Both the orders shall be carried out by the O.Ps within two months from the date of issue of this order failing which all the dues shall carry 12% interest per annum. The complainant is also directed to co-operate the O.Ps for necessary repair of the defective water purifier to the O.Ps. The case of the complainant is disposed of accordingly.
The order is pronounced on this day of 23rd December 2020 under the signature and seal of this Forum. The office is directed to supply copy of order to the parties free of cost and a copy of same be sent to the server of www.confonet.nic.in for posting in internet and thereafter the file be consigned to record room.
