Date of Complaint : 30.07.2014
Date of Disposal : 27.02.2015
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)
2nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3
PRESENT : THIRU. B. RAMALINGAM, M.A.M.L., : PRESIDENT
THIRU.L. DEENDAYALAN, M.A.B.L., : MEMBER I
TMT.K. AMALA, M.A. L.L.B., : MEMBER II
C.C.No.334/2014
THIS FRIDAY, THE 27TH DAY OF FEBRUARY 2015
Mr. R. Rajaram,
S/o. L. Ramakrishnan,
G5, Kankadhara Apartment,
18/14 3rd Main Road,
United India Colony, Kodambakkam,
Chennai 600 024. .. Complainant.
- Vs-
The Proprietor,
M/s. Devan Enterprises,
Bhaktavaisalam 2nd Street,
Vadapalani,
Chennai 600 026.
.. Opposite party.
For the complainant : Party-in-person.
For the opposite party : Exparte.
Complaint under section 12 of the Consumer Protection Act, 1986 for a direction to the opposite party to render service urgently to restore normal functioning of the water purifier and continue rendering periodical service as per the contract rules and to pay a sum of Rs.50,000/- towards compensation for mental agony and hardship and to pay a sum of Rs.10000/- as cost of the complaint and to extend the AMC period to the extent of the period service not rendered with to the complainant.
ORDER
THIRUMATHI.K.AMALA, :: MEMBER-II
- The case of the complainant is briefly as follows:-
The complainant purchased one Aqua Guard Total Reviva RO Water Purifier from Eureka Forbes Limited , Sales office at No.31, 1st floor, T.Nagar, Chennai-17 vide invoice No.7911101133 dated 30.5.2011. After completion of the warranty period of one year the complainant made a service contract with the opposite party by paying Rs.3880/- for a period of one year from 31.7.2012 to 30.7.2013 as per invoice cum receipt No.21188215 dated 31.7.2012 and renewed the service contract with the opposite party for another one year from 14.9.2013 to 13.9.2014 by paying Rs.4,000/- as per receipt No.22615772. As per the contract the opposite party was rendering periodical service whenever complaint was made. Due to malfunctioning of the Water Purifier water became distasteful and the flow of water to the tank of the Water Purifier get disrupted. Hence the complainant made a complaint to the customer care and the service was rendered on 28.3.2014. Since the same defect continued the complainant made complaint to the customer care on 14.4.2014 and 23.4.2014 but there was no response and the opposite party never extended the required service to the complainant. Hence the complainant sent a registered letter to the opposite party requesting to repair the Water Purifier the same was acknowledged by the opposite party but they failed to reply or repair the Water Purifier.
2. The water was used for cooking and drinking purpose since the Water Purifier did not function from the 2nd week of April 2014 the complainant had to purchase atleast two cans of water from outside every day by incurring an expenditure of Rs.80/- per day. The opposite party being aware of the fact that during the period of service the complainant had paid the Annual Maintenance contract which did not expire, has abruptly stopped service. This is gross violation of the contract as well as deficiency in service. The complainant being the retired Government servant spent huge amount and felt left in the lurch by negligent attitude of the opposite party. The complainant had suffered great hardship and mental agony and therefore estimates the compensation for a sum of Rs.50,000/-. Hence the complaint.
3. Even after receipt of the notice, the opposite party did not file written version. Hence, the opposite party was set exparte on 9.10.2014. The complainant filed proof affidavit. Exhibits A1 to A5 were marked on the side of the complainant, Written arguments of complainant also filed.
4. The points that arise for consideration are as follows:-
1) Whether there is any deficiency in service on the part of the opposite
party?
2) To what relief the complainant is entitled to?
5. Point Nos.1 & 2:-
Heard the arguments of the complainant and perused the documents filed by the complainant. It is evidenced through Ex.A1 that the complainant had purchased Aqua Guard Total Riviva RO Water Purifier on 30.5.2011 for a sum of Rs.10,990/- from Eureka Forbes Limited. After completion of warranty period of one year the complainant entered into Annual Maintenance contract and paid a sum of Rs.3,880/- for the period 31.7.2012 to 30.7.2013 and also renewed the contract by paying a sum of Rs.4,000/- for the period 14.9.2013 to 13.9.2014 which is evidenced through Ex.A2 and Ex.A3.
6. The complainant contends that due to the defect in the Water Purifier the flow of water to the tank get disrupted and he could not use the water for drinking and cooking purpose. Hence he made a complaint to the customer care of the opposite party on 14.4.2014 and 23.4.2014 but they did not respond. Hence he sent a complaint to the opposite party as well as to the Eureka Forbes Limited through registered post on 27.4.2014 namely Ex.A4 which was also acknowledged by the opposite party as well as the Eureka Forbes Limited which is evidenced through Ex.A5. But the opposite party failed to rectify the defect nor send any reply. Hence the complainant contends that he incurred loss by purchasing water cans from outside and also suffered mental agony.
7. Ex.A3 reveals that the Annual Maintenance Contract is in force. It is the duty of the opposite party to rectify the defect when the Annual Maintenance contract is in force. But the opposite party failed to render service to the complainant which shows their deficiency in service.
8. The complainant further contends that after receipt of notice from this forum the opposite party rectified the defect in the Aqua Guard Water Purifier on 6.9.2014 which is supported by the written arguments filed by the complainant. Hence the complainant is not insisting the first relief sought for in the complaint. Though the opposite party rectified the defect in the water purifier there was an enormous delay in rectification and it was not in time to full fill the requirement of the complainant.
Hence the complainant had suffered hardship and mental agony is acceptable. Since defect is rectified deficiency in service does not arise and as such point No.1 & 2 are answered accordingly.
9. Hence we are of the opinion that the compensation claimed by the complainant is exorbitant and we are restricting the compensation to a reasonable amount Rs.10,000/- for the hardship and mental agony suffered by him since the opposite party had rectified the defect in the Water Purifier
.
10. As far as the 4th relief sought for by the complainant is concerned the AMC period to the extent of the period service not rendered is not maintainable since the period of AMC is lapsed and the defect is rectified.
11. Hence the complaint is allowed in part and the opposite party is directed to pay a sum of Rs.10,000/- as compensation towards mental agony and to pay a sum of Rs.2000/- as cost of the complaint to the complainant.
In the result, the complaint is allowed in part. The opposite party is directed to pay a sum of Rs.10,000/- (Rupees Ten thousand only) as compensation towards mental agony and also to pay a sum of Rs.2000/- (Rupees Two thousand only) as cost of the complaint to the complainant. The amount shall be payable within six weeks from the date of receipt of copy of this order, failing which the amount shall carry interest at the rate of 9% per annum from the date of order till the date of realization.
Dictated directly by the Member-II to the Steno-Typist, transcribed and computerized by her, corrected by the Member-II and pronounced by us in the open Forum on this the 26th day of February 2015.
MEMBER-1 MEMBER-II PRESIDENT
Complainant’s Documents:-
Ex.A1- 30.5.2011 - Copy of Invoice for purchase of Water Purifier.
Ex.A2- 31.7.2012 - Copy of contract receipt for Annual Maintenance.
Ex.A3- 14.9.2013 - Copy of contract receipt for Annual Maintenance.
Ex.A4- 27.4.2014 - Copy of Contract receipt for Annual Maintenance.
Ex.A5- - - Copy of Ack. Card from the Postal department.
Opposite party’s documents: ..Nil.. (exparte. )
MEMBER-1 MEMBER-II PRESIDENT
