BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.198 of 2016
Date of Instt. 03.05.2016
Date of Decision : 22.08.2016
Kewal Krishan Gupta aged about 37 years son of Gopal Krishan Gupta, R/o 167, Makhdoom Pura, Jalandhar.
..........Complainant
Versus
1.M/s Eureka Forbes, Corporate Office, B1/B2, 701, 7th Floor, Marathon Innova Marathon Net Gen, Office Ganpatrao Kadam Marg, Lower Parel, Mumbai-400013 through its Managing Director/ General Manager/Manager/ Representative.
2.M/s Eureka Forbes, Sales Office, Basement, C/o Hotel Gagandeep, GT Road, Jalandhar through its Manager/Representative/Owner/ Partner.
3.Tajinder Singh, Team Leader, Eureka Forbes Sales Office, Basement, C/o Hotel Gagandeep, GT Road, Jalandhar.
.........Opposite parties
Complaint Under Section 12 of The Consumer Protection Act.
Before: S. Bhupinder Singh (President)
Sh.Parminder Sharma (Member)
Present: Sh.Rajat Chopra Adv., counsel for the complainant.
Opposite parties No.1 to 3 in person.
Order
Bhupinder Singh (President)
1. The complainant has filed the present complaint under section 12 of 'The Consumer Protection Act' against the opposite parties (hereinafter called as OPs) on the averments that the complainant purchased a water purifier of Eureka Forbes from OP No.3 vide invoice dated 11.5.2015 for a sum of Rs.12,100/-. Complainant submitted that in January 2016, complainant found that the aforesaid water purifier is not working properly. So many live worms were seen in the upper transparent tank of water purifier. The complainant complained the matter to OP No.3 and the engineer/mechanic of OP No.2 found that the water purifier is not working properly and the worms of black colour were visible with naked eye in the transparent tank and told the complainant that the water purifier is not properly repairable. However, he repaired the water purifier. On 26.4.2016, the complainant again found that the said water purifier again was not working properly and number of live and dead worms again could be seen with naked eye in the upper transparent tank. Again the complaint was made to the OP No.3 on telephone who told the complainant to wait and assured that he will visit on the spot to rectify the problem but he did not turn-up. Then the complainant made complaint online on the website of Ops on 27.4.2016 with service request No.0086815235 but again no person/mechanic from the OP visited the premises of the complainant to check the fault in water purifier. On such averments, the complainant has prayed for directing the Ops to refund the purchase price of the water purifier i.e. 12,100/- alongwith compensation and litigation expenses.
2. Upon notice, OPs appeared but did not file any written reply.
3. In support of his complaint, complainant has tendered into evidence affidavit Ex.CA alongwith copies of documents Ex.C1 to Ex.C6 and closed his evidence.
4. We have heard the learned counsel for the complainant and have minutely gone through the record.
5. From the record i.e. averments of the complaint and evidence produced on record by the complainant, it stands fully proved on record that complainant purchased a water purifier of Eureka Forbes from OP No.3 vide invoice dated 11.5.2015 Ex.C1 for a sum of Rs.12,100/-. Complainant submitted that in January 2016, he found that the aforesaid water purifier is not working properly. So many live worms/insects were seen in the upper transparent tank of water purifier. The complainant complained the matter to OP No.3 and the engineer/mechanic of OP No.2 found that the water purifier is not working properly and worms of black colour were visible with naked eye in the transparent tank and told the complainant that the water purifier is not properly repairable. However, he repaired the water purifier. On 26.4.2016, the complainant again found that the said water purifier again is not working properly and number of live and dead worms again could be seen with naked eye in the upper transparent tank. Again the complaint was made to the OP No.3 on telephone who told the complainant to wait and assured that he will visit the spot to rectify the problem but he did not turn-up. Then the complainant made complaint online on the website of Ops on 27.4.2016 with service request No.0086815235 Ex.C6 but again no person/mechanic from the OP visited the premises of the complainant to check the fault in water purifier. Learned counsel for the complainant submitted that all this amounts to deficiency of service on the part of the OPs qua the complainant.
6. The complainant proved all his averments in the complaint through his affidavit Ex.CA and also produced and proved on record the invoice Ex.C1, service request Ex.C6 and the photographs of the water purifier Ex.C2 to Ex.C5 which show that there were black colour worms/insects apparently seen in the upper transparent tank of the water purifier. The evidence produced on record by the complainant remained unrebutted and unchallenged as the Ops did not file any written statement to contest the complaint nor any person from the Ops dared to file affidavit to rebut the evidence produced on record by the complainant. However, Sh.Raman Verma, Area Service Officer of the Ops M/s Eureka Forbes appeared in this Forum on 22.8.2016 and got recorded his statement that the Ops No.1 & 2 are ready to replace the water purifier with new one of the same make and model within one month with fresh warranty of one year. All this shows that the water purifier sold by the Ops to the complainant is not repairable. Therefore, the Ops are liable to replace the same with new one or to refund the price of the water purifier.
7. Resultantly, we partly allow the complaint with cost and Ops No.1 & 2 are directed to replace the water purifier of the complainant with new one of the same make and model within 15 days from the date of receipt of copy of this order, failing which Ops No.1 & 2 shall be liable to refund the price of the water purifier to the complainant. Ops No.1 & 2 are directed to pay compensation to the complainant to the tune of Rs.5000/- and also to pay the cost of litigation to the tune of Rs.2000/-. Copies of the order be sent to the parties free of cost, under rules. File be consigned to the record room.
Dated Parminder Sharma Bhupinder Singh
22.08.2016 Member President
