Orissa

Cuttak

CC/120/2015

Sushila Devi Kedia - Complainant(s)

Versus

The Branch Manager,Eureka Forbes Limited - Opp.Party(s)

H R Kedia

25 Oct 2016

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

                                                                                C.C No.120/2015

 

Smt. Sushila Devi Kedia,

W/O:Sri Sitaram Kedia,

Banka Bazar,Cuttack.                                                       … Complainant.

 

Vrs.

1.        The Branch Manager,

Eureka Forbes Limited,

Behind Nishamani Talkies,

Link Road,Cuttack.

 

2.        The Officer-In-charge,

Eureka Forbes Limited,

7,Chakraberia Road(South),.

Kolkata.

 

3.        The Officer-in-charge,

Eureka Forbes Limited,

B/1/B/2,701,Marathan Innova,

Off Ganapatrao Kadam Marg,

Lower Parel,Mumbai.… Opp. Parties.

 

Present:               Sri Dhruba Charan Barik,President.

Sri Bichitrananda Tripathy, Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:   16.10.2015

Date of Order: 25.10.2016

 

For the complainant   :      Mr. H.R.Kedia,Adv. & Associates.

For the O.Ps.                :      Exparte.

 

Smt. Sarmistha Nath,Member(W).

 

The complainant being a consumer has filed this complaint before this Forum against the O.Ps for redressal of his grievances under the C.P.Act,1986(Act in short) in terms of his prayer made in the complaint petition.  The allegation made in the complaint is with regard to defects in the goods purchased by him and deficiency in service provided and unfair trade practice adopted by the O.Ps.

1. The facts of the complaint in short is that the petitioner ”AQUAGUARD” water purifier on 27.12.2010 having its Unit No.6065009 through the O.P. Mr. Jyoti Rnjan Nanda having the code No.9024310 from Eureka Forbes Limited,Cuttack vide receipt No.028349 dt.27.12.10 for Rs.9,590/- (Rupees Nine thousand five hundred and ninety )only. (Annexure-1).
2. After three months of installation of the purifier, it started giving trouble so he lodged a complaint bearing No.256 dt.23.4.2011, at Cuttack,Customer Care Centre. After three days of receiving the complaint a technician was deputed, who cleaned the iron deposits on the candle and made the purifier operative.  After ten days of the cleaning, the purifier system became dead.  Again a complaint was lodged the technician cleaned the iron deposit and made it operative.  This practice of lodging complaint and repairing continued 10 times up to end of June,2011.  That the purifier system is defective the complainant sent a mail.
3. Realizing that the purifier system is defective the complainant sent a mail on 20.06.2011 requesting to make it workable but the O.P remained silent.  So the complainant sent pleader’s notice through his advocate vide Annexures-3 & 4 series.

After receipt of the pleader’s notice the O.P.No.1 deputed a technician with an iron guard which is meant to safeguard the candle from iron deposits  and on 25.3.2014 the Customer Service Division, Cuttack entered into a service contract for two years i.e. from 25.3.2014 to 24.3.2016 for providing periodical services against payment of Rs.2800/-.  But the water purifier became inoperative and completely dead in the 1^st week of August,2015.

4. The complainant brought the above facts to the notice of the company and the O.Ps sought some details vide their Mail dt.11.10.2015 vide Annex-7.  In compliance, the complainant provided the required details vide Annexure-8.  But the O.Ps remained silent.  The complainant further alleges that the family members of the complainant took ordinary tap water and have been suffering from various ailments.
5. The O.Ps have neither entered appearance nor filed their written version.  They have also not participated in the proceeding; as such they have been set exparte.
6. We have heard the learned counsel for the complainant and gone through the case record.  It is held that there is deficiency in service provided by the O.Ps and they have also found to have followed unfair trade practice as alleged by the complainant.  The prayer of the complainant is therefore allowed exparte against the O.Ps.

ORDER

Since the O.Ps have failed to provide the required service for the said Aqua guard water purifier during the contract period of 2 years, the O.Ps are directed to refund a sum of Rs.2800/- taken by them towards service charges.  The O.Ps will also pay a sum of Rs.5000/- as compensation towards mental agony and harassment and a further sum of Rs.2000/- towards cost of litigation.  The prayer made by the complainant to replace the water purifier, to award a sum of Rs.50,000/- towards cost of treatment, Rs.25,000/- as compensation towards mental agony and harassment and Rs.10,000/- towards litigation cost is not maintainable taking into consideration the facts and circumstances of the present case.

The above payments to the complainant must be completed within a period of 45 days from the date of receipt of this order failing which the complainant is at liberty to take shelter of this Hon’ble Forum as per C.P.Act,1986.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 25^th day of October, 2016 under the seal and signature of this Forum.

 

                                     ( Smt. Sarmistha Nath )

                                            Member(W)                                                                                                                                                                                                                                                                                                                                                                              

.

                  (Sri D.C.Barik)

                                                                                                                                   President.

 

 

                                                                                                                                                 (Sri B.N.Tripathy )

                                                                                                                               Member