Tamil Nadu

South Chennai

CC/111/2022

S.Jeyanthi Represented by its Santiago Sadantham - Complainant(s)

Versus

Sima Aquaguard - Opp.Party(s)

Santigo Sundaranathan

18 Apr 2023

ORDER

  Date of Complaint Filed:11.02.2022

  Date of Reservation     :21.03.2023

  Date of Order              :18.04.2023

          DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT: TMT. B. JIJAA, M.L.,                                           : PRESIDENT

                    THIRU. T.R. SIVAKUMHAR, B.A., B.L.,           :  MEMBER  I 

                   THIRU. S. NANDAGOPALAN., B.Sc., MBA.,     : MEMBER II

               

CONSUMER COMPLAINT No.111/2022

 TUESDAY,THE 18^th DAY OF APRIL 2023

 

Santhiago Sadanantham,

Power of Attorney of

Jayanthi Sadanantham,

G1 Indus Jubilee Manor,

38, tank Bunk Road,

Nungambakkam,

Chennai 600 034.                                                                   .. Complainant.

 

-Vs-

The Managing Director,

SIIMA Aquaguard,

No.1, Pillayar Koil Street,

Bhel Nagar, Krishna Nagar,

Pallikaranai,

Chennai 600 100.                                                         .. Opposite Party.

* * * * *

Counsel for the Complainant     :  Party in Person

 

Counsel for Opposite Party        :  Exparte on 02.01.2023

 

On perusal of records and upon hearing the oral arguments of the Complainant in person, this Commission delivered the following:

ORDER

Pronounced by Member-II., Thiru. S. Nandagopalan., B.Sc., MBA.,

(i) The Complainant has filed this complaint as against the Opposite Party under section 35 of the Consumer Protection Act, 2019 and prays to refund the amount of Rs.4000/- and compensation amount of Rs.10,000/- for mental harassment including for filing this complaint.

I.  The averments of Complaint in brief are as follows:-

1.     The Complainant submitted that on 28.04.2021 bought "Alkaline Aqua Guard" from the Opposite Party by paying of Rs. 4,000/- vide  Bill no: 1662 by getting the confirmation from the Opposite Party that any product related issues the Opposite Party will provide the service as soon as possible. Further the Complainant states that after a few days the Complainant faced some issues regarding the product henceforth informed to the Opposite Party and also mailed several times but the Complainant didn't get response from the Opposite Party side. Finally the Complainant arranged another aqua guard to fulfil his purpose, moreover Complainant submits that several times tried to intimate the Opposite Party over the telephone as well as mail regarding the issue but in return no response or any constructive reply received from the Opposite Party end that too the said amount is a big thing during the pandemic. Getting no response from the Opposite Party allowed the Complainant to mental harassment by not providing customer satisfaction with a proper solution and further submits that the Complainant will not get justice until and unless the Opposite Party gives an appropriate remedy and solution to the Complainant. It is the Opposite Party who has to take the responsibility to provide the said appropriate services as well as compensate for the same. Henceforth Complainant served a legal notice on 05.10.2021 to address the grievance, but no response from the Opposite Party. Hence the Complaint.

II. The Opposite Party set ex parte:

        Notice was sent to the Opposite Party and was duly served to the Opposite Party. Despite the notice being served, the Opposite Party failed to appear before this Commission either in person or by Advocate on the hearing date and not filed any written version on their side.  Hence the Opposite Party was called absent and set ex-parte. Subsequently, the case was proceeded to be heard on merits.

III.   The Complainant has filed his proof affidavit and Written Arguments, in support of his claim in the complaint and has filed documents which are marked as Ex.A-1 to A-7.

IV. Points for Consideration:-

 

1. Whether there is deficiency in service on the part of the Opposite Party?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

Point No. 1 :-

2.     On perusal of records  it is clear that the Complainant bought the "Alkaline Aquaguard" water purifier from the Opposite Party by paying a sum of Rs.4,000/- vide Bill no: 1662 dated 28.04.2021 as seen in Ex.A-1. The Complainant contended that after a few days he faced some issues regarding the water purifier henceforth Complainant informed the Opposite Party to address the same and also mailed several times but the Complainant did not get any response from the Opposite Party side as found in Ex.A-5 dated 10.05.2021 , 03.09.2021 & 20.09.2021 moreover the same exhibit denotes a follow up mail on behalf of the Complainant addressing the Opposite Party by the Citizen consumer and civic action group demonstrating the Complainant sufferings after rendering a service in the month of April 2021 by paying a sum of Rs.4000/- as seen in Ex.A-1 highlighting the need of quality water and insisting them to attend the Complainant issue by assigning a technician that has been unresolved even after repeated followups. It is pertinent to note that even after the repeated reminders from the Complainant and CAG team the Opposite Party failed to address the issue, henceforth Complainant caused a legal notice dated 05.10.2021 as seen in EX.A-2 which in turn Opposite Party failed to respond indicates a clear case of deficiency of service on part of the Opposite Party allowing the Complainant to suffer at his old age is unjustifiable. As per Ex.A-6 it is admissible that the Complainant opted an alternate water purifier for their needs. On careful observations of the Complainant averments and the context of the case alongside the materialistic evidence produced by the Complainant it is that the Opposite Party were indulged in Unfair trade practice and deficiency of service towards the Complainant causing mental agony by not addressing the malfunctioned water purifier sold by them. Moreover Opposite Party having failed to send any reply to the Complainant even after several communications and representations were given by the Complainant and still remaining ex-parte in the present case demonstrates their deficiency in service causing hardship and mental agony, to the Complainant. Hence the Opposite Party is liable to compensate the Complainant. Point No.1 is answered.         

POINT Nos. 2 & 3:-

3.     As discussed and decided in  Point No.1,  that the Opposite Party have committed deficiency in service, the Opposite Party is liable to refund a sum of Rs.4,000/- and to pay a sum of Rs. 10,000/- towards deficiency in service along with a sum of Rs.3,000/- towards cost. Accordingly, Point Nos. 2 and 3 are answered.

     In the result, this complaint is allowed in part. The Opposite Party is directed to refund a sum of Rs.4,000/- (Rupees Four Thousand Only) and to pay a sum of Rs. 10,000/- (Rupees Ten Thousand Only) towards deficiency in service along with a sum of Rs.3,000/- (Rupees Three Thousand Only) towards cost of this litigation to the Complainant within 8 weeks from the  date of receipt of this order, failing which a sum of Rs.4,000/-  shall carry interest at the rate of 9% per annum  from the date of this order till the date of realisation.

 

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 18^th of April 2023.

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                    B.JIJAA

      MEMBER II                         MEMBER I                        PRESIDENT

 

List of documents filed on the side of the Complainant:-

Ex.A1	28.04.2021	Receipt issued by the Opposite Party
Ex.A2	05.10.2021	Legal notice sent by the Complainant to the Opposite Party
Ex.A3		Power of Attorney
Ex.A4		Aadhar Copy
Ex.A5		Letter by Citizen Consumer Director
Ex.A6		New Aquaguard A.M.C
Ex.A7		Postal Proof

 

List of documents filed on the side of the Opposite Party:-

NIL

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                    B.JIJAA

      MEMBER II                          MEMBER I                            PRESIDENT