CC Filed on 13.07.2010<br /> Disposed on 23.09.2010<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.<br /> <br /> Dated: 23rd day of September 2010<br /> <br /> PRESENT:<br /> Sri. G.V.HEGDE, President.<br /> <br /> Sri. T.NAGARAJA, Member.<br /> Smt. K.G.SHANTALA, Member.<br /> ---<br /> <br /> Consumer Complaint No. 128/2010<br /> <br /> Between:<br /> <br /> <br /> Smt. T.N. Jayalakshmamma,<br /> W/o. late. Ramalingaiah,<br /> Aged about 56 years,<br /> Residing at No. 243,<br /> Radika Nilaya,<br /> Behind Petrol Bunk,<br /> Muthusandra Road,<br /> ‘D’ Cross,<br /> Doddaballapura – 562 103. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> ….Complainant<br /> <br /> V/S<br /> <br /> <br /> M/s. Vishweshvaraya Water Solutions,<br /> Franchise of Eureka Forbes Ltd.,<br /> No. 6, Ward No. 29, G.N.V. Main Road,<br /> Yelapet, Chikkaballapura – 562 101.<br /> Represented by <br /> Mr. C. Devaraj & Murali.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> ….Opposite Party<br /> <br /> ORDERS<br /> <br /> This is a complaint filed under section 12 of the Consumer Protection Act, 1986 praying for a direction against the opposite party to repay the price of Rs.13,500/- of water purifier and to pay compensation of Rs.10,000/- towards mental agony and to pay Rs.15,000/- towards expenses incurred and conveyance charges totally Rs.38,500/- with costs and interest, etc.,<br /> <br /> 2. The material facts of complainant’s case may be stated as follows:<br /> That the complainant purchased on 04.04.2010 a water purifier from OP by paying cash of Rs.13,500/-. The product name of the water purifier is “Protect + RO 60/3/15”. The OP is a franchisee of Eureka Forbes Limited for distribution of their products at Chikkaballapur. The complainant obtained invoice cum receipt dated 04.04.2010 from OP for purchasing the said water purifier. The said water purifier was covered with two years warranty from the date of installation, thereafter the water purifier was installed in the residence of complainant. It is alleged that this unit is not working from 13.05.2010 subsequent to its installation. The complainant intimated the fact to Service Engineer on the same day and the Service Engineer came to the house of the complainant on the next day evening. He told that “adaptor” was not functioning and it would be replaced by next day evening and he took away the part-adaptor with him. Nothing was heard from Service Engineer till 31.05.2010. On that day a written complaint was given to OP to effect the repairs of the unit immediately. It is alleged that the OP did not respond till this day. A complaint was also registered to Customer Care but no one responded. In view of the above facts and circumstances the complainant requested for repayment of the price paid by her along with compensation. The complaint is filed on 13.07.2010. <br /> <br /> 3. The notice sent by this Forum on the complaint under RPAD was served on OP. The OP did not appear on the date of hearing on 17.08.2010. The notice was served on 05.03.2008 intimating the hearing date as 17.08.2010. The case was adjourned for filing version and appearance of OP by 07.09.2010. On that day also the OP was absent and the version was not filed. <br /> <br /> 4. On the same day the complainant filed affidavit by way of evidence. The case was posted for argument on 20.09.2010. On that day the complainant was heard and the case was posted for orders. <br /> <br /> 5. The behavior and conduct of OP and its Service Engineer in not attending the defective unit in spite of several requests and issue of notice clearly establishes the deficiency in service. The water purifier was used nearly for a month and a week subsequent to its purchase. Thereafter no one worried for complainant as they had received the entire consideration of Rs.13,500/- towards the price of the unit. The OP did not even appear before this Forum and did not file its version. The OP even evaded the service of notice dated 31.05.2010 sent by complainant through Registered Post. As OP is a franchisee of Manufacturer of unit, we think the OP may be directed to repay the price paid towards unit in the facts and circumstances of the present case apart from ordering to pay compensation and costs. <br /> <br /> 6. For the above reasons we pass the following:<br /> <br /> O R D E R<br /> <br /> The complaint is allowed with costs of Rs.1,000/-. The OP shall return Rs.13,500/- being the price of water purifier to the complainant apart from paying compensation of Rs.1,500/- within 3 weeks from the date of this order. In default the OP shall pay interest at the rate of 6% p.a. on Rs.15,000/- from the date of default till the date of payment.<br /> <br /> On payment of the amount due under this order, the OP is entitled to take back the water purifier in question from complainant. <br /> <br /> Dictated to the Stenographer, corrected and pronounced in open Forum this the 23rd day of September 2010.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br />