By. Sri. K. Gheevarghese, President:-
The complaint filed against the opposite party for the unfair trade practice, not repairing the water purifier purchased from the opposite party in the warranty period.
2. The complaint in brief is as follows:- The complainant is the purchaser of water purifier compact paying Rs.1,000/-. This equipment became defunct on 02.08.2011. The complainant contacted opposite parties several times to get the purifier repaired. Since the complaint is in the warranty period. There may be an order directing the opposite party to replace the water purifier along with cost and compensation.
3. The opposite party is declared exparte.
4. The points in consideration are:-
1. Is there any unfair trade practice in the sale of the water purifier to the complainant?.
2. Relief and Cost.
5. Points No.1 and 2:- Ext.A1 is the photocopy of the retail invoice and A2 is the copy of warranty registration card. The opposite party did not turn up on receiving notice. The documents produced by the complainant self explanatory. Purchase of the water purifier by the complainant is established. In the absence of any adverse inferences it is to be considered that the water purifier sold by the opposite party to the complainant is defective and it is nothing less than unfair trade practice. The conditions of warranty cost upon the opposite party to rectify the defect of the machine or else the amount received by the opposite party in the sale of water purifier is to be refunded.
In the result complaint is partly allowed. The opposite party is directed to repair defective water purifier to the working condition and warranty is also to be extended further. In the absence of repairing the defective parts of the water purifier the complainant is to be refunded Rs.1,000/-(Rupees One Thousand Only). The complainant is also entitled to get Rs.250/- (Rupees Two Hundred and Fifty Only) towards cost. This is to be complied by the opposite party within one month from the date of receipt of this order.
Pronounced in Open Forum on this the day of 30th September 2011.
Date of filing:23.08.2011.
