DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. NO. 169/14

Mrs. VANITA

R/O, 588 D, SHIPRA SUN CITY

INDRAPURAM

GHAZIABAD, U.P.201014                                                                                                                                                                                                                                            ….Complainant

Vs

QUICK SERVICES,

F-44 B, LINE NO. 16, MADHU VIHAR,

I.P. EXTENSION

DELHI-110092                                                                                                                                                                                                                                                                    ….Opponent

Date of Institution: 11.02.2014

Judgment Reserved for: 15.07.2016

Judgment Passed on: 26/07/2016

Order By: Ms. Harpreet Kaur Charya (Member)

JUDGEMENT

The present complaint has been filed u/s 12 of the Consumer Protection Act by Mrs. Vanita against OP, Quick Services, alleging unfair trade practice and deficiency in service.

BRIEF FACTS

The complainant bought Nature Fresh RO System from OP on 03/07/2013 and took the AMC (Annual Maintenance Contract) of the same product for period 22/09/2013 to 21/09/2014 by paying Rs.2,500/-. It is further stated that OP has paid only one visit till the filing of this complaint and has refused to continue the services as promised before. It is also stated that the RO was not working properly, despite several calls OP has not paid heed. Hence, the complainant praying for refund of AMC charges amounting of Rs.2,500/-, compensation for harassment, mental agony and pain to the extent of Rs.30,000/- and cost of litigation of Rs.25,000/-.

            Notice of the complaint duly served to the OP but he did not put appearance thus was proceeded ex-parte on 16/10/2015.  Thereafter complainant filed evidence by way of affidavit and examined Mrs. Vanita the complainant herself who has reiterated the averments made in the complaint. As the OP did not appear, the averments made by the complainant have remained unrebutted.

            We have heard the Ld. Counsel for the complainant and have perused the material placed on record.

             The complainant has placed on record the bill invoice dated 22/09/2013 and service card which proved that the OP was bound to provide the services to the complainant which he has willfully not provided. Hence, we observe that the OP has deprived complainant of the right to pure water by not delivering the services as promised. Therefore, the OP is directed to refund Rs.2,500/- i.e. AMC charges @ 9% from the date of filing of complaint. We also award Rs.7,5,00/- as compensation for harassment and mental agony. This amount shall also include the cost of litigation.

            In case, the said amount is not paid by the O.P. within 45 days from the date of receiving this order, the same shall also be recoverable along with 9% interest from the date of the order till the recovery of the said amount.

Copy of this order be sent to both the parties as per law.

File be consigned to Record Room.

(Dr. P.N.TIWARI)          (HARPREET KAUR CHARYA)                   (SUKHDEV SINGH) 

     MEMBER                                MEMBER                                          PRESIDENT