IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA

                          Friday the 13^th day of March, 2020.

                                      Filed on 23-11-2019

  Present

1. Sri.S.Santhosh Kumar  BSc.,LL.B  (President )
2. Smt. Sholy P.R, B.A.L,LLB (Member)
3. Smt.C.K.Lekhamma, B.A, LLB (Member)

In

CC/No.315/2019

   between

  Complainant:-                                                         Opposite party:-

Sri.Simon Thomas                                                  Sri.Saji Kurian

Sharon                                                                    ASA Agencies,

Cheppad Post                                                          Room No.36

Alappuzha- 690507                                                 1^st Floor, Revenue Tower

                                Thiruvalla -689101

    O R D E R

SRI. S.SANTHOSH KUMAR (PRESIDENT)

          Complaint filed under Sec.12 of the Consumer Protection Act, 1986.

2.       Averment’s in the complaint in short, are as follows:-

          On 03.07.2019 complainant purchased a water filter from the opposite party for an amount of Rs.45,000/-.  The opposite party visited the house of the complainant and after examining the water ascertained the nature of water filter to be installed.  On the day of installation the bent of the pipe had broken several times.  As per the request of the opposite party every 3 days back wash was done.  The water filter was not functioning properly though the complainant had informed the matter to the opposite party there was no response.

3.       The complainant had installed a kent water filter for the purpose of  drinking water below, this water filter and it was also not functioning properly.  Since there was deficiency in service from the opposite party and so that the water filter is not functioning complainant is entitled to get Rs.45,000/- being the value of water filter along with interest and costs.

4.       Registered notice along with complainant was forward to the opposite party and it was accepted.  However there was no appearance and hence opposite party was set ex-parte.  Complainant filed affidavit and marked Exts.A1 to Ext.A5.

5.       Points for determinations are:-

1. Whether the water filter installed by the opposite party suffer from any defects?
2. Whether the complainant is entitled to get compensation and if so what is the quantum?
3. Reliefs and costs?

6.       Point No.1 and 2

          For the sake of convenience these points are considered together.  The case of the complainant is that on 03.07.2019 he purchased a water filter from the opposite party paying an amount of Rs.45,000/- .  Ext.A1 is the bill dated 03.07.2019 issued to the complainant by the opposite party for an amount of Rs.45,000/- being the price of water filter.  The opposite party himself installed the water filter at the house of the complainant.  But from the first day itself it was not functioning properly and there was leakage.  Though the matter was informed to the opposite party over phone several times there was no response.  Ext.A2 is a visiting card of opposite party.  Ext.A3,Ext.A4,Ext.A5 are the copies of whatsapp messages sent by the complainant to the opposite party complaining about the malfunctioning of water filter.  From the complaint and the chief affidavit it is seen that the water filter was not functioning properly and inspite of repeated request over phone and through whatsapp messages there was no response.  From the affidavit and documents marked, complainant’s case stands proved.  In the circumstances the points are found in favour of the complainant.

7.       Point No.3

          In the result the complaint is allowed.

1. Opposite party is directed to pay an amount of Rs.45,000/- being the value of water filter which was purchased by the complainant as per Ext.A1 bill along with interest at the rate of 9% per annum from the date of order till realization.  Opposite party is directed to pay the amount within 30 days from the date of receipt of the copy of this order.  The complainant will return the water filter to the opposite party.
2. Opposite party is directed to pay an amount of Rs.5,000/- being the cost.

Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Forum on this the 13^th day of March, 2020.

Sd/-Sri.S.Santhosh Kumar (President)

Sd/-Smt. Sholy P.R (Member) :

Sd/-Smt.C.K.Lekhamma (Member) :

Appendix:-

Evidence of the complainant:-

Ext.A1                -        Bill dtd 03.07.2019

Ext.A2                -        Visiting card of opposite party

Ext.A3                -        Copy of whatsapp message

Ext.A4                -        Copy of whatsapp message

Ext.A5                -        Copy of whatsapp message

Evidence of the opposite parties:- Nil

// True Copy //

To

          Complainant/Oppo. party/S.F.

                                                                                         By Order

                                                                                    Senior Superintendent

Typed by:- Sa/-

Compared by:-