IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Saturday the 30th day of January, 2016
Filed on 24.08.2015
Present
- Smt. Elizabeth George (President)
- Sri. Antony Xavier (Member)
- Smt. Jasmine D (Member)
in
C.C.No. 252/2015
between
Complainant:- Opposite Party:-
Sri. G. Vasudeva Panicker M/s. Eureka Forbes Ltd.
Devagiri, Maruthorvattom P.O. Door No.32/1787, 4th Floor
Cherthala, Alappuzha – 688 545 A – 5, Tutus Tower
NH – 47, Bye Pass Road
Cochin
(By Adv. T.J. Thulasikrishnan)
O R D E R
SMT. JASMINE D. (MEMBER)
The case of the complainant in short is as follows:-
The complainant had purchased a water purifier from the opposite party for an amount of Rs.12,490/-, since there was no change in the condition of the water, the complainant has given a complaint before the opposite party and the opposite party agreed to refund the price of the product and accordingly a representative of the opposite party named Arun collected the system and agreed to refund its price within 4 days. But till now no amount has been refunded. The complainant sustained much mental agony and hence filed this complaint.
2. Notice was served to the opposite party, they appeared before the forum, but not filed any version.
3. Complainant produced 4 documents which were marked as Exts.A1 to A4.
4. Considering the allegations of the complainant, the Forum has raised the following issues:-
1) Whether there is any deficiency in service on the part of the opposite party?
2) Whether the complainant is entitled to get the reliefs as prayed for?
4. Points 1 and 2:- Points 1 and 2 can be considered together. The case of the complainant is that the complainant purchased a water purifier from the opposite party on 19.11.2014for a total amount of Rs.12,490/-. Since the product could not serve the purpose, the complainant informed the opposite party and the opposite party agreed to refund the price and accordingly the opposite party collected the product on 24.7.2015 and agreed to refund its price within 4 days. But the amount has not been refunded so far. The complainant sustained much mental agony and hence filed this complaint.
5. The complainant produced 4 documents which were marked as Exts.A1 to A4. Ext.A1 is the retail invoice dated 19.11.2014, Ext.A2 is the acknowledgement slip, Ext.A3 is the A/d card and Ext.A4 is the letter issued by the complainant to the opposite party on 23.7.2015. From the documents it can be seen that the complainant purchased Aqua guard enhance UV WP system from the opposite party for an amount of Rs.12.490/- and the opposite party collected back the system on 24.7.2015. According to the complainant the opposite party assured to refund the price within 4days, but no amount has been refunded so far. Ext.A2 made it clear that the product has been handed back to the opposite party. Since the opposite party has not refunded the amount so far they have committed deficiency in service. The complainant is entitled to get refund of the price along with 12% interest. The grievance of the complainant having been met adequately we refrain from awarding compensation. However the complainant is entitled to get the cost of the proceedings since the complainant was dragged to this Forum unnecessarily which could have been avoided.
In result, the complaint is allowed. The opposite party directed to refund the price of the system Rs.12,490/- (Rupees twelve thousand four hundred and ninety only) to the complainant with 12% interest from 24.7.2015 till realization. The opposite party is further directed to pay an amount of Rs.2000/- (Rupees two thousand only) towards costs of the proceedings to the complainant. The order shall be complied by the opposite party within one month from the date of receipt of this order.
Pronounced in open Forum on this the 30th day of January, 2016.
Sd/- Smt. Jasmine D (Member)
Sd/- Smt. Elizabeth George (President)
Sd/- Sri. Antony Xavier (Member)
Appendix:-
Evidence of the complainant:-
Ext. A1 - Retail invoice dated 19.11.2014
Ext. A2 - Acknowledgement slip
Ext.A3 - A/d card
Ext.A4 - Letter issued by the complainant to the opposite party on 23.7.2015
Evidence of the opposite party:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite party/S.F.
Typed by:- pr/-
Compared by:-
