BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PONDICHERRY
C.C.No.27/2014
Dated this the 16th day of April 2015.
D. Kayathri, D/o.Thandapani
Plot No.115/116, Bharathi Street,
Sudhana nagar, Puducherry. …. Complainant
Vs.
1. The Manager,
Aqua Pure Plus,
1st floor, Dr.Ambedkar Salai
Ashok nagar, Lawspet,
Puducherry.
2. The Manager,
Aqua Pure Plus,
No.16/148, V.V. Koil Street,
Thiruvalesvaran nagar, Thirumangalam
Anna nagar, Chennai. …. Opposite Parties
BEFORE:
THIRU.A.ASOKAN, B.A., B.L.,
PRESIDENT
Tmt. PVR. DHANALAKSHMI, B.A.,B.L.,
MEMBER
FOR THE COMPLAINANT : Thiru.A.Puratchi Kumar Rodin, Advocate.
FOR THE OPPOSITE PARTIES : Exparte.
O R D E R
(By Thiru.A.ASOKAN, President)
This is a complaint filed by the complainant under section 12 of the Consumer Protection Act, 1986 praying to:
- To direct the first opposite party to return the bill amount of Rs.10,000/- received from the complainant.
- To direct the opposite parties jointly and severally to pay a sum of Rs.50,000/- as compensation towards mental agony suffered by the complainant.
- To direct the opposite parties jointly and severally to pay a sum of Rs.50,000/- as compensation towards deficiency in service and unfair trade practice.
- To direct the opposite parties jointly and severally to pay a sum of Rs.5000/- towards cost of the complaint.
2. The case of the complainant is as follows:
The first opposite party is the dealer to the second opposite party and the complainant herein had purchased water purifier machine, namely Aqua Pure Plus (Model Grand+) on 07.02.2012 for a sum of Rs.10,000/- from them, for which the first opposite party herein had given one and half year warranty. Further, the first opposite party had stated that the monthly check up will be fulfilled within 24 hours of the complainant's phone call till the warranty period. Immediately after the second day of installation, the machine was not properly functioned and the same was rectified by the first opposite party on 10.02.2012. Again on 22.05.2012, the machine was not worked properly. Only on 24.05.2012, the said repair was repair was attended by the first opposite party. Immediately after rectification, again the same problem arose and the same was intimated but the problem was not attended by the first opposite party, hence on 30.05.2012, the complainant registered a complaint through E-mail. Even after the E-mail the first opposite party turned deaf ear and the complainant subsequently sent remainder through phone so many times and finally only after one month i.e. on 21.06.2012, the problem was rectified. On 26.09.2012, the same problem found in the machine and the complainant registered a complaint in no.87661. As there was no response from the opposite parties, the complainant sent an E-mail on 11.10.2012 . Even after so many reminders by the complainant, on 15.10.2012, the repair was made rectified. Again on 10.12.2012, the machine got repaired for which the complainant given complaint no.10962. After one week, the technicians of the first opposite party came to the complainant's house and informed that the spare parts has to be changed immediately.
3. It is further submitted by the complainant that even after continuous reminder through phone and email, the problem was not attended by the first opposite party. As per the warranty, the first opposite party has not rectified the machine in time. The deficiency in service on the part of the opposite parties forced the complainant's family to consume unpurified water which resulted in disease to the family members of the complainant. Even after the expiry of warranty period there are so many repairs which occurred in the first opposite party's worst product machine for the reason the manufacturing defect occurred in the product. Only for the particular period i.e. on 08.03.2012, 09.04.2012, 04.07.2012, the monthly service has been done. The first opposite party fraudulently sold the bad product in the seal of ISO 9001-2008. Hence this complaint.
4. The opposite parties remained absent and were set exparte.
5. On the side of the complainant, she has chosen to examine herself as CW.1 and marked Exs.C1 to C31.
6. Points for determination are:
- Whether the complainant is the consumer to the opposite parties?
- Whether any deficiency in service rendered by the opposite parties by selling defective goods?
- To what relief the complainant is entitled for?
7. Point No.1:
The complainant has purchased one Water purifier under the brand name of Aqua Pure Plus from the first opposite party, the dealer of second opposite party on 07.02.2012 for valid consideration of Rs.10,000/-. Hence the complainant is the consumer to the opposite parties.
8. Point No.2:
We have perused the pleadings, Exs.C1 to C31 and evidence adduced by the complainant. The complainant submits that she has purchased one water purifier, Grand+, of Aqua Pure Plus on 07.02.2012 vide Ex.C1 from the first opposite party and the second opposite party is the manufacturer. The allegation of the complainant is that right from the date of purchase the water purifier was not properly worked and within 2 days on 10.02.2012 the said water purifier started giving trouble and not worked properly. Even after the fault attended by the first opposite party the said water purifier not functioned properly and giving trouble on many occasions i.e. on 22.05.2012, 25.05.2012, 30.05.2012, 21.06.2012, 26.09.2012, 11.10.2012, 11.12.2012, 10.12.2012. The first opposite party has attended the repair but the efforts taken by both the parties ended in vain. The complainant relied the Exs.C3 to C6 the service invoice and receipts and Exs.C7 to C9, the complaints made by her through e-Mail and Exs.C10 to C17, the general service reports, the complaints made by the complainant to the opposite parties vide Exs.C18 to 19 and the service reports Exs.C30 and 31. The Exs.C20 to C29 are the legal notices and acknowledgement cards sent to the opposite parties.
9. From the above records, it is clear that during the warranty period, the said water purifier has not functioned properly. The opposite parties have taken steps to rectify the defects but unable to rectify the same fully and to the satisfaction of the complainant. It is evident through the documents the said water purifier having recurring defects and that too within the warranty period. The purpose for which the water purified purchased by the complainant is not served. The opposite parties have not even replied for the Exs.C18, 19, 20, 21. The complainant got mental agony and frustrated upon the negligent act, unfair trade practice and deficiency in service of the opposite parties. The opposite parties were remained exparte in the proceedings.
10. The complainant established her case and loss and sufferings suffered by her due to the deficiency in service and unfair trade practice of the opposite parties. Hence the complainant is entitled for the compensation and the opposite parties are liable to pay the compensation.
11. Point No.3:
In view of the decision taken in point no.2, the complaint is hereby allowed and the opposite parties are directed to the return the cost of the water purifier to the complainant. The opposite parties are directed to pay a sum of Rs.10,000/- as compensation to the complainant and to pay a sum of Rs.5000/- as cost of the proceedings. The complainant is hereby directed to return the water purifier to the opposite parties after receipt of money from the opposite parties.
Dated this the 16th day of April 2015.
- ASOKAN)
PRESIDENT
(PVR. DHANALAKSHMI)
MEMBER
COMPLAINANTS WITNESS:
CW.1 05.11.2014 D. Kayathri
OPPOSITE PARTY S WITNESS: Nil
COMPLAINANTS EXHIBITS:
Ex.C1 | 07.02.2012 | Attested photocopy of Calculation sheet. |
Ex.C2 | 05.02.2012 | Attested photocopy of warranty card. |
Ex.C3 | 09.04.2012 | Attested photocopy of invoice-cum-receipt. |
Ex.C4 | 18.04.2012 | Attested photocopy of invoice-cum-receipt. |
Ex.C5 | 24.05.2012 | Attested photocopy of invoice-cum-receipt. |
Ex.C6 | 04.07.2012 | Attested photocopy of invoice-cum-receipt. |
Ex.C7 | 30.05.2012 | Attested photocopy of email copy. |
Ex.C8 | 10.11.2012 | Attested photocopy of email copy. |
Ex.C9 | 10.12.2012 | Attested photocopy of email copy. |
Ex.C10 | 10.02.2012 | Attested photocopy of Service report. |
Ex.C11 | 08.03.2012 | Attested photocopy of Service report. |
Ex.C12 | 31.03.2012 | Attested photocopy of Service report. |
Ex.C13 | 21.06.2012 | Attested photocopy of Service report. |
Ex.C14 | 05.07.2012 | Attested photocopy of Service report. |
Ex.C15 | 15.10.2012 | Attested photocopy of Service report. |
Ex.C16 | 08.12.2012 | Attested photocopy of Service report. |
Ex.C17 | 02.02.2013 | Attested photocopy of Service report. |
Ex.C18 | 28.12.2012 | Attested photocopy of Notice. |
Ex.C19 | 03.01.2013 | Attested photocopy of Notice. |
Ex.C20 | 01.03.2013 | Copy of advocate notice to the Manager, Aqua Pure Plus, Chennai. |
Ex.C21 | 01.03.2013 | Copy of advocate notice to the Manager, Aqua Pure Plus, Puducherry. |
Ex.C22 | 06.03.2013 | Acknowledgement card. |
Ex.C23 | 06.03.2013 | Acknowledgement card. |
Ex.C24 | 13.10.2012 | Acknowledgement card. |
Ex.C25 | 13.10.2012 | Acknowledgement card. |
Ex.C26 | 03.01.2013 | Acknowledgement card. |
Ex.C27 | 03.01.2013 | Acknowledgement card. |
Ex.C28 | 04.01.2012 | Acknowledgement card. |
Ex.C29 | 04.01.2012 | Acknowledgement card. |
Ex.C30 | 13.01.2013 | Attested photocopy of Service Report. |
Ex.C31 | 07.02.2013 | Attested photocopy of Service Report. |
OPPOSITE PARTY S EXHIBITS: Nil
- ASOKAN)
PRESIDENT
(PVR. DHANALAKSHMI)
MEMBER