BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN

22^nd DAY OF FEBRUARY 2016

O R D E R

SMT. P.K SHANTHA, MEMBER

The complainant has filed this complaint U/s.12 of the Consumer Protection Act, 1986 against the Opposite Parties (herein after referred as OPs) with a prayer to replace the water purifier or refund Rs.17,700/- along with interest @ 9%, Rs.5,000/- towards compensation and Rs.10,000/- towards cost of the proceedings.

2. The brief averments made in the complaint are as under:

The complainant had purchased Aqua Guard Magna HD RO+UV water purifier from OP on 14.11.2014 and installed on 22.11.2014 vide DC No.24557334 and order No.256051593.  There was no problem in the product up to 3 months but after 3 months the complainant faced problems like stoppage of water flow, water will come without purification and blockage of water frequently every 12 to 15 days.  Hence, the complainant complained through helpline No.080233476300.  The OPs promised that the product will be replaced but the technicians came to repair however the problem is not solved till date or the product was replaced.

For the aforesaid reasons, the complainant prays for a direction to the OPs to replace the water purifier of same model or refund Rs.17,700/- towards the cost of the purifier with interest, compensation of Rs.10,000/- with costs.

3. Despite service of notice, the OPs failed to appear and were placed ex-parte.  Thereafter, the complainant was called upon to file his affidavit evidence.  Accordingly he did so. 

4. Perused the allegations made in the complaint, copy of the receipt, delivery challan and sworn testimony of the complainant.

5. As claimed by the complainant, he has purchased Aqua Guard Magna HD RO+UV water purifier 1226610046007328, item code GWPDMGNR000000 on 14.11.2014 vide delivery challan No.24557334 and order No.256051593 from OP.  The same was installed on 22.11.2014.  From the date of purchase up to 3 months there was no problem in the said product.  After 3 months the complainant has faced many problems or issues like stoppage of water flow and water will come without purification and blockage of water frequently for every 12 to 15 days.  Hence, the complainant complained through helpline and the OP promised that they will replace the product and they have sent technicians to see the problem and repair the same.  The technician of OP has came to the complainants’ house and did some repair and after some days the same problem again started.  Till now the problem is not solved and the OPs have not replaced the product also.  As per suggestions of the technician, he has fixed one more candle for water purifying and the complainant paid the charges of Rs.1,300/- for the same and even after doing so, the problem is not solved.

6. Due to the irresponsible behavior on the part of OPs the complainant has suffered hardship and mental agony.  The conduct of the OPs in not providing proper service as agreed and not replacing faulty water purifier amounts to gross negligence and deficiency in service on their part.  The complainant suffered inconvenience and mental agony due to non performance of the promise made by the OPs.    We do not find any reason to disbelieve the allegations made by the complainant against OP.  The OP has failed to provide services as undertaken by him and also failed to replace the brand new water purifier of the same model.  Therefore, the complainant is entitled to compensation for the hardship and mental agony suffered by him.  We are satisfied that the complainant proved deficiency in service on the part of OPs.  The complainant is entitled for replacement or refund of amount of Rs.17,700/- towards cost of the water purifier with interest.  In the given facts and circumstances of the case, we are of the considered view that the complainant is entitled for compensation of Rs.5,000/- for mental agony, inconvenience and hardship caused along with litigation cost of Rs.3,000/-. 

7. In the result, we proceed to pass the following:

       O R D E R

The complaint filed by the complainant U/s.12 of the Consumer Protection Act, 1986 is allowed in part.  OPs are directed to replace with brand new water purifier of the same model or to refund Rs.17,700/- to the complainant together with interest @ 9% p.a from the date of payment till the date of realization.  Further OPs are directed to pay compensation of Rs.5,000/- towards deficiency in service along with litigation cost of Rs.3,000/-.

This order is to be complied within 30 days from today.

Supply free copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 22^nd day of February 2016)

MEMBER                            MEMBER                     PRESIDENT

Vln* 

COMPLAINT No.1478/2015

Complainant                 -        Sri.Sudhendra Rao,

Bangalore-560037.

                                          -vs-

Opposite Parties           -        1) The Manager,

Eureka Forbes Ltd.,

Bangalore-560068.

2) The Manager,

Eureka Forebes Ltd.,

Mumbai. – 400013.

Witnesses examined on behalf of the complainant dated 05.01.2016.

1. Sri.Sudhendra Rao,

   Witnesses examined on behalf of OPs – Nil.

   Documents produced by the OPs - Nil

MEMBER                           MEMBER                      PRESIDENT

Vln*