This case is coming for final hearing on 02-06-2014 in the presence of P.Amalavathi, Advocate for the Complainant and Opposite Parties called absent, set exparte and having stood over till this date, the Forum delivered the following.                         

  : O R D E R :

(As per Smt. K.V.R.Maheswari, Honourable President(FAC) on behalf of the Bench)

1.       The case of the complainant is that he purchased water softener from 2^nd opposite party vide cash memo No.48 dated 17.12.2012.  The sales representative of 2^nd opposite party Mr.Naresh Kumar was attended the residence of the complainant and installed after two or three days and the 2^nd opposite party received the total value of Rs.4,500/-.  At the time of selling the water softener it was introduced that it is of company of Hi-tech and it has one year warrantee and which give much results.  The technician of the 2^nd opposite party installed the same, but that is not Hi-tech as promised by them at the time of selling, but it was from the product of Aquarius and the representatives told that it belongs to the same company and sold under the same brand name Hi-tech.  On the day of installation itself the resin from softener was coming out.  Actually it should not come out but the technicians told that first time it will come out and afterwards it will not repeat.  But even after one week also the resin starts coming out, then, the complainant complained the same to the 2^nd opposite party and they promised to attend the fault, but failed to do so.  On several complaints made by the complainant on 23.01.2013 Mr.Naresh Kumar came along with some other representatives of the company and verified the product and accepted that the product is defective one and they will replace the product on the next day.  But there was no response from them, even after regular pursuance made by the complainant.  These acts of the opposite parties caused great inconvenience and mental agony to the complainant which clearly shows deficiency of service on their part by supplying defective produce and failed to attend the necessary replacement as stated by them.  The complainant addressed several complaints through e-mails to the opposite parties and also finally issued registered lawyer’s notice on 13.06.2013, but there was no response from them. Hence this complaint to direct the opposite parties;

1. to refund the amount of Rs.4,500/- with 24%p.a interest from the date of purchase.

2. To pay Rs.9,00,000/- towards compensation besides costs.

2.       On the otherhand, the opposite parties 1 & 2 even after serving notices there was no representation on their behalf.  Opposite parties 1 & 2 call absent and set exparte. 

3.       At the time of enquiry, the Complainant filed affidavit along with documents which are marked as Exhibits A1 to A4.  The written arguments also filed by the complainant and the complainant represented that the written arguments filed by him may be treated as oral arguments. 

4.       In view of the respective contentions, the point that would arise for determination is:-

          Whether there is any deficiency in service on the part of the opposite party, if so can the complainant entitle for the reliefs prayed for?

5.       Exhibit A1 is the two Order Forms dated 17.12.2012 issued by the opposite parties wherein, the rate of article was mentioned as Rs.4,500/- which was paid by the complainant.  After that as per the version of the complainant, the water softener was not working well immediately after installation and the same was intimated to the opposite parties, but they neither rectified nor replaced the same. Then, he addressed letters i.e., Ex.A2 to the Opposite parties’ Manager through e-mail and he gave time up to 22.03.2013 to settle the issue but the opposite party not replaced the product.  Ex.A3 is the registered lawyer’s notice issued by the complainant on 13.06.2013 and Ex.A4 is the two postal receipts. 

6.       The complainant in his letter clearly mentioned that if the opposite party not settled the issue on or before 22.03.2013 he has no interest on the replacement of that product also and he want the full amount back with interest along with compensation, but the opposite parties did not respond the same.

7.       After careful analysation of the facts of the complaint, along with documents, we are of the view that the complainant immediately after purchase of water softer he informed about the defect of the product to the opposite parties and requested them to replace the product, but the opposite parties kept quite and moreover even on receipt of the notice issued by the Forum, the Opposite parties neither represent nor contest the matter, which clearly shows their negligent attitude.  Moreover, the complainant made several correspondences with the opposite parties, but they did not turn of, which clearly shows their deficiency of service on its part by selling a defective item to the complainant.  Hence, the complainant can entitle the refund of amount of Rs.4,500/- with 9% interest from the date of purchase till the date of payment.  Hence, the complainant has to return that article to the opposite parties within one month from the date of order and can entitle the refund of amount paid by him.  There is no doubt that the acts of the opposite parties causes severe mental agony and financial hardship to the complainant.  Hence, the complainant can entitle the amount of Rs.2,000/- towards damages besides costs of Rs.1,000/-. 

8.       Accordingly, this point is answered holding that the opposite parties 1 & 2 are directed to pay Rs.4,500/- with interest at 9% p.a. from 17.12.2012 till the date of payment within one month after surrendering the water softener to the opposite parties by the complainant. Complainant has to surrender water softener within one month from the date of order and further directed to pay Rs.2,000/- towards compensation besides costs. 

9.       In the result, the complaint is allowed directing the opposite parties 1 & 2 to pay Rs.4,500/- with interest at 9% p.a. from 17.12.2012 till the date of payment to the complainant within one month after surrendering the water softener to the opposite party by the complainant and the complainant is directed to surrender the water softener to the opposite parties within one month from the date of order and obtain necessary acknowledgment from the opposite parties.  The opposite parties are further directed to pay Rs.2,000/- towards compensation besides costs of Rs.1,000/-. 

Dictated to the Shorthand Writer, transcribed by her, corrected and pronounced by us in the open Forum on this the 20^th day of June, 2014.

   Sd/-                                                                   Sd/-

Member                                                     President (FAC)

                                                        District Consumer Forum-I

                                                                  Visakhapatnam

Consumer Complaint No:197/2013

APPENDIX OF EVIDENCE

Exhibits Marked for the Complainant:

Exhibits Marked for the Opposite Parties:

- NIL -

   Sd/-                                                                   Sd/-

Member                                                     President (FAC)

                                                        District Consumer Forum-I

                                                                  Visakhapatnam