This case has been filed U/s.12 of the Consumer Protection Act, 1986 by the complainant that the complainant purchased one ‘Whirlpool Pura Sense Rot UF + UV water Purifier’ vide no. GR 2942520015855 61018NY191701592 from the opposite party on 30.6.2019 amounting to Rs. 14,000/- only and complainant paid the said amount in 8 installment amounting to Rs. 1,750/- only per month and the complainant till date paid the said EMI through Bank and since after purchase it was found that in the said item there has some technical defect for that the complainant on 9.8.2019 lodged a complaint through a Telephone call and the service provider of the said company attend for services but they  are unable to found out the defect and to repair the same and thereafter the complainant several occasions by a telephonic call requested the opposite party either repair or to replace the same but the opposite party did not pay head on such request and thereafter on 20.8.2019 the complainant served a legal notice through her lawyer asking the opposite party to replace/ repair the said water purifier within 15 days from the date of receipt of the said notice and the opposite party also received the said notice on 21.6.2019 but did not replace the same and the dispute arising between the complainant and the opposite party is a consumer dispute within the meaning, scope and import of the Consumer Protection Act, 1986 since been amended and as such, the complainant is the consumer under the opposite party.

Complainant filed the complaint petition praying direction upon the opposite party to pay sum of Rs. 20,000/- for harassment, mental harassment and financial loss and to return back the EMI which they already received from the complainant with simple rate of interest and to pay Rs. 30,000/- for litigation cost.

Issues/points for consideration

1. Whether the complainant is the consumer of the opposite party or not?
2. Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?
3. Whether there is any deficiency of service on the part of the opposite party?
4. Whether the complainant is entitled to get relief or not?

DECISIONS WITH REASONS

All the points are taken together for easiness of the discussions of this case.

1. In the light of the discussion hereinabove and from the materials on record, it transpires that the complainant is a Consumer as provided by the spirit of Section 2 (1) (d) (ii) of the Consumer Protection Act, 1986, the complainant here in is a consumer of the opposite party,
2. Both the complainant and the opposite party are residence/having their office addresses within the district of Hooghly. For mental agony and other expenses which is within Rs. 2,00,000/- limit of this Forum. So, this Forum has territorial/pecuniary jurisdiction to entertain and try the case.
3. The complainant states that the complainant purchased one Whirlpool pure RO+, UF+, UV water purifier, vide No.- GR 294252001585 6101BNY 191701592 from OP on 30.06.2019 amounting Rs. 14000. It was settled at the time of purchase that the complainant shall pay the said amount in 8 installments amounting to Rs. 1750/- only per month and complainant till date paid the said amount through her bank. The complainant state that since after purchase some technical defects found in the said water purifier. The complainant thereafter on several occasion requested the opposite party either to repair the said article or to replace the same. But the opposite party did not pay any need to the request of the complainant. Thereafter the complainant lodge a complaint to the OP but the OP failed to repair the same.

The disputes cropped up between the parties when the complainant requested the OP either repair the said article or to replace the same.

The complainant further states that the complainant send legal notice to the OP on 20.08.2019 through her Ld. Advocate Sanjoy Mookherjee. The Ld. Advocate asked the OP either to repair or to replace the said article. But being received the notice the OP did not repair and replace the said article.

Having no other alternative the complainant has compelled to come before the forum for appropriate relief.

The complainant further contends that the opposite party by this mal practices harassed the complainant which is violation of human right.

Thereafter the notice sent to the opposite party but despite receiving the notice the opposite party did not appear. As so the proceeding runs ex parte against the opposite party. As the opposite party fails to contest the case.

It is hold that the complainant has been proved the deficiency of service against the opposite party. In this connection to prove the case some documents have been filed by the complainant such as evidence on affidavit, brief notes of argument, photo copies of job-sheet, track report, photocopies of tax invoice cum delivery challan and Advocates letter.

From the above documents it is transpires that in this case the opposite party did not appear and to file any steps to prove his case. The uncontested and unchallenged testimonies of the complainant proves the case of the complainant. Thus, the case succeeds ex parte and as such the complainant do get the relief as prayed for. There is nothing to disbelieve the complaint of the complainant.

Hence,

it is

ordered

that the complaint case be and the same is allowed ex parte against the opposite party with litigation cost of Rs. 5,000/-.

            The opposite party is directed to pay compensation of Rs. 15,000/- to the complainant for harassment, mentally and financially and for mal activities and deficiency of service and to discharge duties and rendered service to the complainant.

            The opposite party is further directed to return back the EMIs which the opposite party already received from the complainant.

            All the payments are made within 45 days from the date of this order. At the event to failure to comply with the order the opposite party shall pay cost of Rs. 50/- for each day delay, it caused on expiry of 45 days by depositing the amount in the Consumer Legal Aid Account.