SMT.MOLYKUTTY MATHEW : MEMBER

     This is a  complaint filed by the complainant  U/S 35 of the Consumer Protection Act 2019 for an order directing the OP to refund the  value of  water filter, control panel and  to pay  compensation for mental agony caused to the complainant for total a sum of Rs.1,87,940/-  to the complainant  for the  deficiency of service and unfair trade practice on the part of OP.

  The brief of the complaint :

   The complainant had purchased a domestic water filter (150 LPD sand & iron removal filter Assy with automatic valves and pre filter set) on 19/11/2021 for an amount of Rs.1,19,680/- .  At the time of purchasing the water filter the OP assured 5 year warranty also.  The OP had promised the complainant that  he will give warranty card and timely services.  The water filter was installed in complainant’s premises and the product is an automatic one.  But within one month of installation of this water filter there  arouse various  complaints such as non discharge of waste water, bursting of filtering unit etc.  The complaints were recurring and the   OP have came 2,3 times for curing it.  But still the complaints were recurring  and hence the OP suggested shifting of filter from automatic mode to manual mode.  At that time the equipments of automatic mode were taken away by the OP and  the filter unit was changed to manual mode.  A few  days after changing to the manual  mode  the filter again burst.  For the last one year this filter system was not at all working. Then the  complainant informed  the mater to OP.  Then the OP had charged Rs.8260/- from the  complainant as price of control panel.  Thereafter the OP avoid the complainant’s call and not provide the after sale service also.  The water filter  supplied by the OP is defective and substandard.  Then the  complainant send a lawyer notice to OP.  The OP received the notice neither send a reply nor paid the  amount to  complainant. The act of OP the complainant caused much mental agony and  financial loss. So there is deficiency of service and unfair trade practice on the part of OP.  Hence the complaint.

           After filing the complaint, notice  issued to  OP . Then the  OP was not appeared before the commission and not filed  version .  The commission had to  hold that the OP has  no  version as such  this case came to be proceed against the  OP  is set  exparte.

    Even though the OP have remained ex-parte it is for the complainant to establish the allegations made by him against the OP.  Hence the complainant was called upon to produce evidence in the form of affidavit and documents.   Accordingly the complainant has chosen to produce his affidavit along with 5 documents marked as Exts.A1 to A5.   The complainant  was examined as PW1.   So the OP remain absent in this case.  At the end the Commission heard the case on merit.

    Let us have a clear glance at the relevant documents.  The complainant had purchased a domestic water filter (150 LPD sand & iron removal filter Assy with automatic valves and pre filter set) for  Rs.1,19,680/- dtd. 19/11/2021 that showed in Ext.A1 document.  In Ext.A2 the proforma invoice  dtd.27/1/2022 and the OP had charged Rs.8260/- from the  complainant as price of control panel.  Ext.A3 is the copy of lawyer notice. Ext.A4 is the postal receipt and Ext.A5 is the acknowledgment card.  So it is clear that the water filter was purchased by the complainant from the OP on 19/11/2021 and it is defective within a short period.  The OP also assured that the product is having 5 year warranty and provide after sale services also.  Moreover on 27/1/2022 the OP received Rs.8260/- from the complainant as price of control panel also.  According to the complainant failure to provide good water filter the OP is directly  bound to redressal  the grievance caused to the complainant.  Therefore  we hold that  the OP is liable to refund  the value of water filter for Rs.1,19,680/- and the value of control panel Rs.8260/- to the complainant along with Rs.15000/-  as compensation for mental agony caused to the complainant and Rs.5,000/- as litigation cost.

            In the result, the complaint is allowed in part directing  the opposite party  to refund the value of water filter for Rs.1,19,680/- and the value of control panel Rs.8260/- to the complainant along with Rs.15000/-  as compensation for mental agony caused to the complainant and Rs.5,000/- as litigation cost within 30 days of receipt of this order.  In default, the amount of Rs.1,27,940( Rs.1,19,680+8260/-)  carries interest@ 12% per annum  from the date of order till realization.  Failing which the   complainant is  at liberty to  execute  the  order as  per the  provisions  of Consumer Protection Act 2019.

Exts:

A1-&A2 - cash bill dtd.19/11/2021,27/1/2022

A3- copy of  lawyer notice

A4- Postal receipt

A5- acknowledgment card.

PW1-Shamsudheen  omplainant                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      

Sd/                                                             Sd/                                                   Sd/

PRESIDENT                                             MEMBER                                      MEMBER

Ravi Susha                                       Molykutty Mathew                                    Sajeesh K.P

eva                                              

                                                                            /Forwarded by Order/

                                                                  ASSISTANT REGISTRAR