IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOLLAM
DATED THIS THE 3rd DAY OF AUGUST 2022
Present: - Sri. E.M.Muhammed Ibrahim, B.A, LLM. President
Smt.S.Sandhya Rani. Bsc, LLB ,Member
Sri.Stanly Harold, B.A.LLB, Member
CC.No.318/2021
Sajeev G., 51 years, S/o Gopalan ,
Souparnika, JNRA 236N,
Pattathanam P.O., Kollam : Complainant
(By Adv.Kishore P.)
V/S
Mr.Aju Nelson,
Proprietor, Royal Aqua Engineers,
1482/132, Vadakkumbhagam EZ/XII
Eravipuram P.O., Kollam 691 011. : Opposite party
ORDER
Sri.Stanly Harold, B.A.LLB, Member
This is a case based on a complaint filed U/s 35 of the Consumer Protection Act 2019.
The averments in the complaint in short are as follows:-
The complainant and family is residing in the above address. The complainant has purchased a water purifier from the opposite party on 29.07.2021 for the purpose of purifying the water from the bore well fixed at his house. The purifier is branded as water treatment 13x54 Multimeter 20” Jumbo.
The complainant is using bore well for getting water for the daily domestic use of his house. But the water pumped through the bore well has got a different colour of pale red. Since the opposite party has doing the business of water purifying system complainant contacted him and enquired whether the water from the bore well can be purified with the help of the water purifier. At that time the opposite party assured complainant that the machine offered by him is the one of the best quality machine available in the market in order to purify the colour of the water from the bore well within four to five days of use and also added that this process of purifying will continue without any obstructions for a minimum period of 15 years and warranty for a period of 3 years. Complainant believing
the words of the opposite party purchased the water purifier for Rs.22,000/-. Thereafter the opposite party has fixed the machine in the house of the complainant. Even after the installation of the water purifier after 10 days there was no purification process in the water purifier machine. The matter was intimated to the opposite party by the complainant. At that time he advised the complainant to backwash the machine every 5 days. Accordingly the complainant had done backwashing for a continuous period of 20 days. But there was no change in the colour of water and the pale colour is existing. The complainant has intimated this to the opposite party. The opposite party had advised the complainant to continue the process of backwashing on alternate days for a period 10 days but there was no change in the colour of water. At this time the opposite party advised the complainant to fix another motor by paying Rs.4,000/- which was not included in the purifier set and opposite party also added that there will be no guarantee to that the water purifier after fixing the motor. In the circumstances complainant asked the opposite party to take back the purifier by refunding the entire amount of Rs.22,000/- received by the opposite party.
The opposite party assured complainant that the machine will be taken back and the entire amount will be refunded. But even after repeated requests and demands the opposite party has not taken back the machine or refunded the amount. The opposite party was very reluctant to take back the machine and refund the amount to the complainant. In the circumstances the complainant has issued a registered notice through his counsel on 20.10.2021 demanding to take back the machine within 7 days of receipt of notice. The opposite party accepted the notice and contacted the complainant over phone several times and told the machine will be taken back and the amount will be refunded as soon as possible. But the opposite party had not taken the machine or refunded the amount and evaded from the same. The opposite party has purposefully and deliberately evaded from the demand of the complainant not even attending the mobile calls
made by the complainant. The water purifier fixed at the complainant’s residence
is useless and not working as promised by the opposite party at the time of purchase. The opposite party is liable to refund the entire amount given by the complainant since the machine fixed by the opposite party is a defective one. Hence the complaint.
Though notice was issued to opposite party from Forum/Commission was served the opposite party failed to appear and was called absent, hence set exparte. Complainant filed proof affidavit by reiterating the averments in the complaint and got marked Exts.P1 to P5 documents. Ext.P1 is the tax invoice/ cash receipt issued from Royal Aqua Engineer’s, Vadakkumbhagam, Eravipuram P.O. dated 29.07.2021 for Rs.22,000/-. Ext.P2 is the warranty card issued in the name of the complainant dated 29.07.2021. Ext.P3 is the legal notice dated 18.10.2021. Ext.P4 is the postal receipt dated 22.10.2021. Ext.P5 is the acknowledgement card dated 23.10.2021.
Heard the counsel for the complainant. Perused the records.
The unchallenged averments in the affidavit coupled with Ext.P1 and P2 documents would establish prima facie that on 29.07.2021 the complainant had purchased a water purifier branded as water treatment 13x54 Multimeter 20” Jumbo from the opposite party by paying Rs.22,000/- It is pertinent to note that at the time of installing the water purifier the opposite party made the complainant to believe that the water from the bore well can be purified by using the water purifier machine because the water which is pumping from the bore well for the domestic use of the complainant is in a pale red colour and opposite party assured that the colour of the water from the bore well will be purified within 4 to 5 days of use and also added that this process of purifying will continue without obstructions for a minimum period of 15 years and warranty for a period of 3 years. However the water purifier purchased by the complainant was a defective one and does not functioning according to the assurance given by the opposite party. The water purifier purchased by the complainant as per Ext.P1 tax invoice was in defective condition at the very first stage of the purchase. Thereafter the opposite party advised to backwash the machine every 5 days complainant has done this process for a period of 20 days and to backwashed on alternate date for a period of 10 days. This time also there was no result and the water purifier is not at all performing in a good condition as assured by the opposite party. Thereafter opposite party advised the complainant to fix another motor by paying an amount of Rs.4,000/- which was not included in the purifier set. However the opposite party told the complainant that there will be no guarantee that the water will be purified by fixing new motor. In the circumstances complainant demanded the opposite party to take back the water purifier by repaying the entire amount Rs.22,000/- received by the opposite party. Though the opposite party assured the complainant that the machine will be taken back and the entire amount will be repaid but inspite of repeated requests and demands the opposite party has not done the same and evaded from performing his assurance. It is evident from Ext.P2 warranty card the product is covered by warranty for 3 years which is valid up to 30.07.2024. It is also pertinent to note that Ext.P2 warranty card the process of the filtration is clearly shown in 5 stages . It is clearly mentioned in the 5 stage instructions about the removal of impurities in water like sand, dirt, rust, slit providing first line protection for the whole system and also that the water purifier will also remove the chlorine colour and other organic impurities 90 to 95.6% of all dissolved impurities and harmful substances in water as well as completely eliminating algae, bacteria dn viruses and improves the taste of water. It is very pertinent to note that Ext.P2 specifically mentions the performance of the water purifier. However the water purifier purchased by the complainant was not working in a perfect condition as assured by the opposite party. The complainant had purchased the water purifier in order to purify the water pumping from the bore well installed in his house. The Ext.P2 warranty card clearly indicates the warranty period and the functions of the water purifier. Though the complainant had purchase the water purifier to purify the water no purpose has been served by this purifier. The opposite party is under an obligation to keep the water purifier in a perfect working condition at least for the warranty period from the date of purchase but the opposite party failed to do so. Opposite party have acted in a most careless and negligent manner while dealing with the complaint of the water purifier. Hence the complainant had suffered monitory loss and hardship and hence entitled to get compensation. The opposite party have not complied with the terms of warranty and have acted extremely negligent in preferring their duty in making the water purifier defect free and hence the complainant could not able to use the water purifier .The opposite party is obliged to take back the water purifier set and refund the amount of Rs.22,000/- as the cost of the machine. The opposite party failed to perform the assurance at the time of purchasing the water purifier on 29.07.2021 violating the warranty conditions which clearly amounts to deficiency in service and unfair trade practice.
In the circumstances the opposite party is liable to refund the amount of Rs.22,000/- shown in Ext.P1 invoice dated 29.07.2021 and also liable to pay reasonable compensation and costs to the complainant.
In the result complaint stands allowed in the following terms.
- The opposite party is directed to take back the defective water purifier machine from the complainant and to refund Rs.22,000/- towards being its invoice price to the complainant along with 9% interest from 29.07.2021 till realization.
- The opposite party is also directed to pay Rs.10,000/- as compensation along with interest at 9 % per annum from the date of the complaint till realization.
- The opposite party is directed to pay Rs.3,000/- as costs of the proceedings.
- The complainant is directed to produce the defective water purifier along with copies of Ext.P1 & P2 documents at the shop of the opposite party within 30 days from today and after receiving back the defective water purifier the opposite party shall comply with direction No.1 to 3 failing which the complainant is at liberty recover the amount covered
by relief No.1 to 3 with interest @ 12% per annum except for costs from the date of order till realization.
Dictated to the Confidential Assistant Smt. Minimol S. transcribed and typed by her corrected by me and pronounced in the Open Commission this the 3rd day of August 2022.
STANLY HAROLD:Sd/-
E.M .MUHAMMED IBRAHIM:Sd/-
S.SANDHYA RANI:Sd/-
Forwarded/by Order
Senior superintendent
INDEX
Witnesses Examined for the Complainant:-Nil
Documents marked for the complainant
Ext.P1 : The tax invoice/ cash receipt issued from Royal Aqua Engineer’s,
Vadakkumbhagam, Eravipuram P.O. dated 29.07.2021 for Rs.22,000/-
Ext.P2 : The warranty card issued in the name of the complainant dated 29.07.2021.
Ext.P3 : The legal notice dated 18.10.2021
Ext.P4 : The postal receipt dated 22.10.2021
Ext.P5 : The acknowledgement card dated 23.10.2021.
Witnesses Examined for the opposite party:-Nil
Documents marked for opposite party:-Nil
