BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, JIND.
Complaint Case No. : 38 of 2022
Date of Institution : 09.02.2022
Date of Decision : 11/11/2022
Sumit Kumar Narwal S/o Sh. Dilbag Singh R/o H.No.3370, Urban Estate, Jind.
.….Complainant
Versus
1. M/s Anand Electronics, SCF, 1 & 2, Rani Talab, Jind through its authorized person/signatory.
2. M/s Sandeep Traders, authorized LG Service Centre, Opposite New Subji Mandi, Near Tilak Palace, Jind through its authorized person Sh. Sandeep Saini.
3. LG Electronics India Pvt. Ltd., Reg. Office: A-24/6 Mohan Cooperative Industrial Estate, Mathura Road, New Delhi-110044 through its General Manager/authorized person.
……Opposite Parties
Complaint under Section 35 of the Consumer Protection Act, 2019.
CORAM: SH. A.K. SARDANA, PRESIDENT.
SMT. NEERU AGARWAL, MEMBER.
SH. G.D. GOYAL, MEMBER.
Present: Sh. Abhay A. Singhal, Adv. counsel for complainant.
Ops No.1 to 3 exparte vide order dated 24.05.2022.
ORDER:
In brief, facts of the present complaint are that on 12.07.2021 complainant purchased RO (Water Purifier) LG Model No.WW140NP vide invoice/bill no.515 dated 12.07.2021 from OP No.1 in a sum of Rs.17,400/- for his house; having one year warranty on all parts (except Plastic parts, consumables, Loose Plastic Parts, Filters, RO Filer) and thereafter nine years of additional warranty only on stainless steel tank from the date of purchase of the product but the said RO became defective from the very beginning as it was not working properly inspite of having seven level filtration which can clean dust particles, sand particles & UV etc. and can work upto 1800 TDS of water. Complainant has further stated that on 19.09.2021, the RO stopped passing the water in its water storage tank and he lodged complaint on Toll Free number of OP No.3 vide complaint no. RNP211125062867 whereupon service engineer came who apprised that main outer filter of RO is chocked/blocked so water is not passing into water storage tank, hence, he cleaned the filter & returned back. On 25.11.2021, same problem again occurred and complaint was lodged vide complaint No.RNP210919040877 whereupon Service Engineer again cleaned the filters and assured that the problem will not come in future. However, the same problem again occurred on 10.12.2021 & 20.12.2021 and complaint was again lodged on Toll Free Number vide complaint No.RNP211210079012 & RNP No.211220026992 and because of this, complainant and his family suffered a lot rather forced to drink dirty /unfiltered water resulting into deterioration of their health but the OPs failed to remove the defect of the R.O. in question. So, a legal notice dated 23.12.2021 was served upon the OPs but of no avail. Hence, the present complaint has been preferred by complainant alleging deficiency in service on the part of OPs resulting into mental and physical harassment besides monetary loss. Complainant has prayed for acceptance of complaint seeking replacement of the defective RO with new one or to refund the cost thereof alongwith damages @ Rs.200/- per day from 12.07.2021 till the date of delivery of new RO to the complainant alongwith interest @ 18% per annum. Besides it, complainant has prayed that a sum of Rs. 25,000/- on account of harassment, Rs.5000/- as compensation and Rs.22,000/- as litigation expenses be also awarded.
2. Ops not responded to the notice of the complaint issued by the Commission. As such, OPs No.1 to 3 were proceeded against exparte vide order dated 24.05.2022.
3. To prove his contention, learned counsel for complainant tendered affidavit of complainant as Annexure CW1/A alongwith documents as Annexures C-1 to C-14 and closed the evidence.
4. We have heard counsel for complainant and evaluated the record placed before us. Learned counsel has argued that the RO in question so purchased by complainant remained defective time and again. Complainant made many complaints to the Ops but the defect in the RO remained as such resulting into deterioration of health of complainant and his family due to usage of unfiltered water. Besides it, complainant has been harassed and he also suffered financial loss. Thus the counsel has contended that act & conduct of OPs amounts to deficiency in service as well as unfair trade practice on their part and prayed for acceptance of complaint as per prayer para.
5. At the outset, photocopy of purchase bill and owner’s manual of the R.O. (Annexures C-1 & C-2) tendered by complainant reveals that complainant had purchased the product in question on 12.07.2021 in a sum of Rs.17,400/- having warranty of one year + 9 years. As per complainant, the R.O developed problem of not passing water in water storage tank due to chocking/blocking of the outer filter time & again and was not purifying the water as per its manual guide as well as assurance given by OP No.1. Complainant to support his version, has placed on record his duly sworn affidavit (Annexure CW1/A), complaints/e-mails sent to OP No.3 (Annexures C-3 to C-7) and copy of legal notice issued to OPs (Annexure C-8) wherein it has been categorically averred that the RO was having defect which could not be rectified by the OPs despite various complaints. Since, the Ops have not bothered to appear before the Commission despite issuing registered notices to them, therefore, we have no other option except to believe the version so put forth by the complainant supported with affidavit which is on the court file as Annexure CW1/A. Further it is a matter of common prudence that water is basic necessity of life and without it, life cannot be survived. Thus we are inclined to attach credence that the complainant must have been suffering very much without the supply of clean water.
Accordingly, the present complaint is allowed with a direction to OPs to comply with the following directions jointly and severally within thirty days from the date of communication of this order:-
- To replace the RO in question with new one having same model and if the same model not available, then with higher model or to refund a sum of Rs.17,400/- (Rs. Seventeen thousand four hundred only) the purchase price of the RO in question to the complainant alongwith simple interest @ 9% per annum from the date of institution of complaint to till date.
- And to pay Rs.5000/- (Rs. Five thousand only) as compensation for harassment & mental agony etc.
- Also to pay Rs.5000/- (Rs. Five thousand only) to complainant on account of litigation charges including the Advocate’s fee etc.
Further the award in question/directions issued above must be complied with by the OPs within the stipulated period failing which all the awarded amounts at (i) to (iii) above shall further attract simple interest @ 12% per annum for the period of default. Copies of this order be supplied to the parties concerned, free of costs. File be consigned to the record room after due compliance.
Announced on: (A.K. SARDANA) PRESIDENT
(Gopal Singh)
Stenographer
(Neeru Agarwal)
Member
(G.D. Goyal) Member
