Delhi

North East

CC/17/2022

Pankaj Singh - Complainant(s)

Versus

Next Generation - Opp.Party(s)

28 Feb 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.17/22

 

In the matter of:

 

 

	Shri Pankaj Singh S/p Shri Gajraj Singh, R/0 E-1/657, E-Block, Sonia Vihar, Delhi-110094	Complainant
	Versus
1.         2.	Next Generation/NX-100 Plot No. -433 Block – F Sector-63 Noida- 201301   Krishna Electronics G/F Kh No. 665/233/235 E-2/36A Main Road Pusta-4 Sonia Vihar Delhi-110094	Opposite Parties

 

 

DATE OF INSTITUTION: JUDGMENT RESERVED ON:                   DATE OF ORDER:

04.02.2022 12.01.2023 28.02.2023

 

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

Adarsh Nain, Member

 

 

 

 

 

                                                                 ORDER

     Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 35 of the Consumer protection Act, 2019.

Case of the Complainant

1. The case of the Complainant as revealed from the record is that the Complainant had purchased a RO of brand of Opposite Party No.1 on 12.02.2021 for a sum of Rs. 12,000/-  from the Opposite Party No. 2. The complainant having trust on the brand had taken the item to his home and installed both the items. After eight days of installation and use of RO, the quality of the water filtered by RO was not drinkable and so the complainant had complained about the issue on customer care of the Opposite Party No. 1 and he received no response. The RO stopped functioning on 22.02.2021 and so the complainant had again complained about the issue on customer care of Opposite Party No. 1 and also emailed to Opposite Party No. 1 on 22.02.2021. The complainant initially was not issued bill at the time of purchase and the bill was issued on 25.02.2021. The complainant had received no response from the Opposite Party No. 1 and aggrieved from this, the complainant had again called customer care service on Opposite Party No. 1 many times and spent plenty of time but received no response from the Opposite Party No. 1. As water is necessary for living the complainant got repaired the RO by paying money. The complainant had sent an email to Opposite Party No. 1 on 26.02.2021 and again had not received any response.  The RO stopped working again and the complainant continuously called helpline of Opposite Party No. 1 and on receiving no response he again emailed to Opposite Party No. 1 on 30.03.2021. The complainant again had emailed to Opposite Party No. 1 on 08.04.2021 & 14.05.2021 and written that he was not getting reply to his email and calls. The complainant and his family faced problems due to the shortage of drinking water and by consuming the water of this RO family of the complainant had suffered from health problems. The Opposite Party No. 1 is very careless in after sale service and only extorting money from the customers by selling substandard products. The aggrieved from this the complainant had sent a legal notice to Opposite Parties dated 13.09.2021 which was duly served to the Opposite parties. The Opposite Parties did not revert to any email and legal notice then the complainant had purchased another RO on 09.10.2021 and the complainant had used bottled water for more than six months.  On account of deficiency in provision of service in the nature and manner of performance by Opposite Parties, the complainant and his family has suffered harassment, mental agony, health problem and distress for which he is entitled to compensation. The complainant has prayed to direct the Opposite Parties to replace the faulty RO or refund the money i.e. Rs. 12,000, Rs. 10,00,000/- on account of mental harassment and Rs. 1,00,000/- on account of litigation charges.
2. None has appeared on behalf of Opposite Party No. 1 and Opposite Party No. 2 to contest the case despite service of notice on 08.04.2022 and 25.02.2022 respectively. Therefore, Opposite Parties were proceeded against Ex-parte vide order dated 10.06.2022.

Ex-parte evidence of the Complainant

3. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint.

Arguments & Conclusion

4. We have heard the Complainant and we have also perused the file.  The averments made by the Complainant in the complaint are supported by his affidavit and documents filed by him. The Opposite Party did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed.
5. In view of the above discussion, the complaint is allowed. Opposite Party No. 1 and Opposite Party No. 2 are directed to pay an amount of Rs. 12,000/- jointly or severally to the complainant along with interest @ 6 % p.a. from the date of filing the complaint till recovery and Complainant is also directed to hand over the old RO to the Opposite Parties. Opposite Party No. 1 and Opposite Party No. 2 are also directed to pay an amount of Rs.5,000/- jointly or severally to the complainant on account of mental harassment and litigation expenses along with interest @ 6 % p.a. from the date of this order till recovery.
6. Order announced on 28.02.23.

Copy of this order be given to the parties free of cost

File be consigned to Record Room.

(Anil Kumar Bamba)           Member

(Adarsh Nain) Member

(Surinder Kumar Sharma) President