This is a complaint made by one  Anjan Dutta, son of Sri Ashim Dutta, residing at Prerona 211E, Unique Park, P.S.-Behala, Kolkata-700 034 against M/S Global USA, 341/6, Diamond Harbour Road, P.S.-Behala, Kolkata-700 034, praying for direction upon the OP (a) to reimburse Rs.4,150/- which was paid by Complainant for service charges, (b) for payment of Rs.7,850/- which was paid by Complainant to third party to purchase water, (c) for payment of Rs.25,000/- for mental agony and harassment, (d) for another payment of Rs.7,300/- for service charges and (e) interest @ 18% over this amount.

            Facts in brief are that in March, 2012, Complainant entered into an agreement for purchasing three sets of water purifier, Model No.R.O.III from the OP Global USA, 341/6, Diamond Harbour Road, Kolkata-700 034 and received delivery of these purifiers against payment on 5.3.2012.

            After purchasing, when the warranty period of these three purifiers was over Complainant entered into service contract with the OP Global USA by making fresh payment and the service contract was valid up to 13.4.2017. Two periodical servicing was to be given as per the contract. Free replacement of pre-filter candle cartridge was to be made. Free replacement of worn out/exhausted parks, including Ultra violet lamp was to be made. Complainant paid in advance by cheque No.224054 on 14.4.2015. One of the said three water purifiers became non-functional and Complainant called on the service centre. But, no response was made.

            Having no other alternative Complainant was forced to contract a similar organization namely SJS Universal who also provides service to the water purifiers. Complainant submits that he suffered immense difficulties and spent Rs.12,000/-. Complainant tried to contact the OP over mobile. But, OP did not pay any heed to that. So, Complainant filed this case.

            On the basis of the above facts the complaint was admitted and notices were served upon the OP. But, they did not appear. So, the complaint was heard ex-parte.

Decision with reasons

            Complainant filed a petition for treating allegation of the complaint as affidavit-in-chief and Complainant filed written argument with certain documents.

            Main point for determination as to whether Complainant is entitled to the reliefs as prayed for.

            On perusal of the prayer portion, it appears that Complainant has prayed for reimbursement of Rs.4,150/-. It appears that this prayer of the Complainant is genuine and OP is bound to return this amount to the Complainant.

            Further, Complainant has prayed for payment of Rs.7,850/- on the ground that Complainant purchased water to the extent of this amount. However, there is no such document to support the contention of the Complainant as made out in prayer –C. Complainant has also prayed for Rs.25,000/- as mental agony and harassment and Rs.7,300/- as litigation cost.

           OP did not contest the case despite receiving notice and so the allegations of the Complainant remained un-challenged and un-rebutted.

           Accordingly, we are of the view that Complainant is entitled to Rs.4,150/-, compensation of Rs.5,000/- and litigation cost of Rs.2,000/-.

Hence,

ordered

             CC/319/2016 is allowed on ex-parte in part. OP is directed to pay Rs.4,150/- with compensation of Rs.5,000/- and litigation cost of Rs.2,000/- within three months of this order, in default the amount shall carry interest of 10% p.a. till realisation.