West Bengal

Jalpaiguri

CC 115/2013

Sri Bimal Kumar Chanda - Complainant(s)

Versus

M/S. Watertech(Water Treatment Engineers), and two others. - Opp.Party(s)

Subrata Dutta Gupta

18 Dec 2014

ORDER

District Consumer Disputes Redressal Forum,
Jalpaiguri
Old Court Building, Near D.M. Office, Post and District- Jalpaiguri-735101 PIN- 735101
Post and District- Jalpaiguri, West Bengal,735101
 
Complaint Case No. CC 115/2013
 
1. Sri Bimal Kumar Chanda
S/O Lt. Narendra Nath Chanda, Sejuti, Old Fire Brigade Complex, Anandapara, P.S. Kotwali, Jalpaiguri, 735101
 
BEFORE: 
 HON'BLE MR. Asoke Kumar Das PRESIDENT
 HON'BLE MS. Bina Choudhuri MEMBER
 HON'BLE MR. Prabin Chettri MEMBER
 
For the Complainant:Subrata Dutta Gupta, Advocate
For the Opp. Party:
ORDER

The record is placed before us for passing final order.

         Facts of the case in brief is that the complainant Sri Bimal Kumar Chanda purchased one iron removal filter (IRF) from O.P.1 M/S Watertech to remove iron from the tubewell water in his house. The O.P. 1 installed that (IRF) on the roof of the house of the complainant on 06/05/2013 and the complainant had to pay a sum of Rs.24,800 to O.P.1 for such installation of IRF plus Rs.1800 towards freight for carrying the materials. The IRF worked well for few days as expected by the complainant. But after a fortnight the iron content gradually increased an offensive smell began to come out from the water of the IRF. The complainant tried to contact with O.P.1 at its Kolkata office over phone but nobody picked up the phone. Thereafter the complainant sent his son-in-law Sri Sishir Guha to the Kolkata office of O.P.1 in June 2013 and through him the complainant had telephonic conversation with O.P.3 and then the complainant narrated him his problems. At this O.P.3 assured him to redress his problems by 30/06/2013 but no fruitful result came out. The complainant came to learn during his telephonic conversation with O.P.3 and O.P.1 has no branch office  Siliguri. On 11/07/2013 the complainant wrote a letter to O.P.1 ventilating his grievance and problems which was received by O.P.1 on 15/07/2013. It is alleged by the complainant that despite his repeated persuasion and request to O.P.1 to solve his grievance i.e. to remove the defects in the IRF installed by O.P.1, no step was taken by the O.Ps. to redress his grievance/problems. As a result the complainant is not able to  get iron free water and has been under unspeakable mental pressure.

              The complainant has prayed for refund of price of IRF amounting to Rs.24,800+freight charge Rs.1800+ interest+Rs.50,000 towards compensation for harassment, inconvenience, mental agony and cost of proceeding.

              Notice was issued and served upon all the O.Ps. but none of them turned up to contest the case. Hence the case is heard ex-parte.

              Now after due consideration of the petition of complaint which is supported by affidavit, the oral evidence of PW1 namely Raju Saha (bacteriologist) Jalpaiguri PHED Dist. Laboratory, the reports of water testing laboratory dt. 24/07/2014 prepared by PW1 and he documents filed today by the complainant namely Ananda Bazaar Patrika dt.02/02/2013, one original printed voucher of O.P. company, one original invoice dt.06/05/2013, one original money receipt no 601 dt.06/05/2013, original certificate of analysis dt. 22/05/2013, one copy of notice dt.10/07/2013 and proof of delivery and after due consideration of the argument advanced by the Ld. Lawyer of the complainant we find sufficient reason to hold that the complainant has proved by his unchallenged evidence, evidence of PW1 and the aforesaid documents that this case is well maintainable and that the complainant is a consumer as per provision of the C.P.Act.1986 and that he purchased one IR from O.P.1 company to eradicate the iron contents and the foul smell which was coming out from the tube well water of his house and the O.P.1 had installed that IRF on the roof of the house of the complainant on 06/05/2013 and that IRF worked well on few days but after a fortnight iron content gradually began to increase and foul smell also began to come back from his tubewell water and that the complainant made several requests to the O.Ps. to solve his said problem over phone, by sending messenger and in writing but O.P. company took no step for redressal of grievance /problems of the complainant and thereby the O.Ps. are guilty for deficiency in service and the complainant is entitled to the reliefs specified below.

           In result the case succeeds ex-parte.

        

  Hence it is,

ORDERED

            That the case is allowed ex-parte in part  against the O.Ps. with cost of Rs.2000. The O.Ps. are hereby directed to return back the price paid amounting to Res.24,800/-by the complainant for installation of IRF in his house. The complainant do get an award of Rs.10,000/- in the head of harassment inconvenience and mental agony suffered by the complainant for deficiency in service by the O.Ps. The O.Ps. are hereby directed to refund back the price of the IRF and the aforesaid cost of Rs.2000/- and compensation  of Rs.10,000/- within 30 days from the date of this order failing which it will carry interest @ 9% p.a. till realization and the complainant shall be at liberty to realize the same by putting this order into execution in accordance with law.

         Let copy of this final order be supplied to the parties free of cost forthwith in terms of Rule.5(10) of West Bengal Consumer Protection Rules 1987.

 

 
 
[HON'BLE MR. Asoke Kumar Das]
PRESIDENT
 
[HON'BLE MS. Bina Choudhuri]
MEMBER
 
[HON'BLE MR. Prabin Chettri]
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.