Versus
- M/s. Eureka Forbes Limited, B1-B2, 701, 7th Floor, Marathon Innova, Marathon Next Gen. Opposite Ganpatrao Kadem Marg, Lower Parel, Mumbai-400013, through its Managing Director.
- M/s. Eureka Forbes Limited, 92 Surya Kiran Complex, 2nd Floor, The Mall, Ludhiana, through its Manager/Authorized Person Shri Gurbachan Singh. Pin Code:141001.
- Gurbachan Singh, Manager/Authorized Person of M/s. Eureka Forbes Limited, 92 Surya Kiran Complex, 2nd Floor, The Mall, Ludhiana. Pin Code:141001 …..Opposite Parties
Complaint under section 35 of the Consumer Protection Act.
QUORUM:
SH. SANJEEV BATRA, PRESIDENT
SH.JASWINDER SINGH, MEMBER
MS.MONIKA BHAGAT, MEMBER
COUNSEL FOR THE PARTIES:
For complainant : Sh. Arun Verma, Advocate
For OP1 : Exparte.
For OP2 : Sh. Ramandeep S. Malhotra, Advocate.
For OP3 : Complaint against OP3 stands already dismissed as withdrawn vide order dated 25.10.2023
ORDER
PER SANJEEV BATRA, PRESIDENT
1. The complainant has invoked the jurisdiction of this Commission by filing the present complaint and raised a consumer dispute with regard to supply of defective water purifier as well as to refund the amount of Rs.17,490/-i.e. value of Aquaguard Magna HD RO along with compensation of Rs.1,00,000/- as well as litigation expenses of Rs.22,000/-.
2. Notice was issued to the opposite parties. OP1 was proceeded against exparte vide order dated 11.01.2023 due to non appearance despite service of notice through registered post.
On 25.10.2023, the complainant suffered statement to withdraw complaint against OP3.
Sh. Ramandeep S. Malhotra, Advocate appeared and filed memo of appearance on behalf of OP2 on 13.09.2023 and filed regular power of attorney, written statement and affidavit on behalf of OP2 on 25.10.2023 and assailed the complaint on the ground of maintainability; concealment of material facts etc. The opposite party denied the allegations levelled in the complaint by stating that the complaint has been filed to extract money. The OP2 denied any deficiency in service on its part and also prayed for dismissal of the complaint.
3. On 05.12.2023, settlement has been effected between the parties. Pursuant to the same, counsel for the OP2 has given an offer by suffering statement that the OP2 is ready to make the principal amount of the invoice of Rs.17,490/- along with Rs.7000/- of settlement amount total amounting to Rs.24,490/- to the complainant within three weeks from today. The said offer has been duly accepted by Sh. Ram Lubaya, authorized signatory of complainant firm who has appeared in person and got recorded his statement to the effect that he accepts the offer given by OP2 and he is ready to return the product in question to the OP1 and OP2 at the time of receiving the settled amount.
4. In view of the aforesaid settlement arrived between the parties, the present complaint stands disposed off with the direction to OP2 to make the principal amount of the invoice of Rs.17,490/- along with Rs.7000/- of settlement amount total amounting to Rs.24,490/- to the complainant within three weeks from today, failing which the complainant shall be held entitled for interest @8% per annum on the said amount till its actual payment. Copy of the order be supplied to the parties free of costs.
5. File be indexed and consigned to record room.
(Monika Bhagat) (Jaswinder Singh) (Sanjeev Batra) Member Member President
National Lok Adalat National Lok Adalat Consumer Commission cum Chairman, National Lok Adalat
Announced in Open Commission Dated:09.12.2023.
Gobind Ram.
