DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

[Complaint Case No:118 of 2011]

                                                          Date of Institution : 08.03.2011

                                                           Date of Decision    : 14.06.2011

                                                           -------------------------------------------

Sh. Raj Kumar Gupta resident of House No.157, Sector 53 (Phase 3A), Mohali.

                                                                   ---Complainant.

V E R S U S

M/s. Eureka Forbes Limited through its Manager, SCO No.14, 1^st & 2^nd Floor, Madhya Marg, Sector 7-C, Chandigarh – 160019.

---Opposite Party.

BEFORE:   SHRI LAKSHMAN SHARMA        PRESIDENT

                SMT. MADHU MUTNEJA            MEMBER

Argued By:Sh. Raj Kumar, Complainant in person.

                   OP already exparte.

PER LAKSHMAN SHARMA, PRESIDENT

                   Sh. Raj Kumar has filed this complaint under section 12 of the Consumer Protection Act, 1986 praying therein that OP be directed to :-

i)                   replace the filters of the R.O. Water System of the complainant or in alternative to refund its cost of Rs.14,500/- along with interest @24% per annum from the date of its purchase till the date of actual payment;

ii)                 pay a sum Rs.10,000/- as compensation for mental agony, harassment and deficiency in service.

iii)              pay a sum of Rs.3,000/- as costs of litigation.

2.                The case of complainant is that he purchased one R.O (Reverse Osmosis) Water System from the OP vide Invoice dated 30.5.2008 for Rs.14,500/-. At the back of the Invoice, it was given in writing to the complainant by one Manoj Kumar, alleged to be employee of OP, that the filters would be replaced at least once in two years. In the month of February 2010, the complainant requested the OP to replace the filters of the RO Water System as per their written undertaking but nobody came to replace the filters and he was told to contact the said Manoj Kumar.  The said Manoj Kumar took the water sample and told that the water quality is satisfactory and he would replace the filters after one month. It is averred that neither anybody came to replace the filters nor the said Manoj Kumar assisted any help to the complainant.

                   In these circumstances, the present complaint has been filed seeking the reliefs mentioned above.

3.                OP was duly served as per the report of the Process Server but it chose not to appear before the Forum and therefore, OP was ordered to be proceeded against vide order dated 27.0342011.

4.                We have heard the learned counsel for the complainant and perused the record very carefully.

5.                The averments made in the complaint as reproduced above of the order stands corroborated from the affidavit of the complainant as well as from document annexed with the complaint. The complainant has annexed with his complaint copy of Invoice dated 30.5.2008 vide which he purchased the RO Water System from the OP. This Invoice also bears the receipt No.010033 at its bottom end, which clearly proves that the complainant paid a sum of Rs.14,500/- as the price of the RO Water System to the OP. At the reverse of this Invoice, a clean undertaking has been given that the filters would be replaced at least once in two years. This undertaking bears the signatures of Manoj Kumar who is the employee of OP. The complainant has further deposed that despite the fact that he requested the OP many a times to replace the filter, no one visited his house to replace the same. It is common knowledge that RO Water System is an important source of clean and healthy water for daily drinking and cooking and generally, the filters need to be changed at regular intervals. But in the present case, the filters were not changed for approximately a complete one year and failure to change the filters of the RO Water System of the complainant amounts to deficiency in service on the part of OP in view of the clean undertaking given by the OP.

6.                In view of the above findings, this complaint is allowed with the following direction to the OP: -

(i)                 to change the filters of the RO Water System of the complainant with new one of same specification, free of costs.

(ii)              to pay a sum of Rs.2,500/- to the complainant as compensation and cost of litigation. 

7.                This order be complied with by the OP within 30 days from the date of receipt of its certified copy failing which OP shall be liable to pay Rs.2,500/- to the complainant along with interest @18% p.a. from the date of filing the complaint i.e.08.03.2011 till its realization.

8.                Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced        

14^th June, 2011

Sd/-

(LAKSHMAN SHARMA)

PRESIDENT

Sd/-

(MADHU MUTNEJA)

MEMBER

Ad/-

C.C.No.118 of   2011

Present:    None.

                                                          ---

                   The case was reserved on 10.06.2011. As per the detailed order of even date recorded separately, this complaint has been allowed. After compliance file be consigned.

Announced.

14.06.2011               President                          Member