BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAS NAGAR, MOHALI
Consumer Complaint No.660 of 2014
Date of institution: 13.11.2014
Date of Decision: 19.03.2015
Dharam Chand # 355B Saini Vihar Phase-1, Baltana, Zirakpur, Tehsil Dera Bassi, District SAS Nagar (Punjab) 140604
……..Complainant
Versus
1. The Manager, M/s. Ravindra Traders, Dish TV (Adjacent to Shop No.7), Main Market, Panchkula-Zirakpur Road, Baltana (Zirakpur) Punjab. 140604.
2. Office No.125, Ist Floor, Plot No.7, Vardhman J.P. Plaza, Sector 4, Dwarka, New Delhi 110075.
………. Opposite Parties
Complaint under Section 12 of the
Consumer Protection Act, 1986.
CORAM
Mrs. Madhu. P. Singh, President.
Mrs. Sonia Bansal, Member.
Present: Complainant in person.
OPs ex-parte.
(Mrs. Madhu P. Singh, President)
ORDER
The complainant purchased Aqua Fresh RO 8 Ltrs. Water purifier from the Opposite Party (for short ‘the OP’) No.1, who is dealer of OP No.2, on 01.04.2014 for Rs.7,000/-. Rs.1,000/- was paid in cash and Rs.6,000/- was paid through SBI Credit Card. However, OP No.1 had not given any sale invoice on the ground that it is an assembled product but handed over warranty card duly stamped with stamp of Ram Kitchen Collection Buy Shop No.57, Modern Housing Complex, Manimajra. After few days of purchase, the RO started giving problems and did not work properly. On the complaint of the complainant, service executive of the OPs came to his house on 19th April, 2014 and replaced the pump of the purifier. But even after that the purifier did not work properly. The complainant again made a complaint and service Executive of OP No.1 came on 08.08.2014 and replaced Membrane and UV and an amount of Rs.2,500/- from the complainant. However, the problem was not removed and again on 10.08.2014 the service executive declared that the Membrane is faulty and advised to replace the set with Kent RO for Rs.14,000/- (excluding Rs.2,000/- of existing product) . The complainant visited OP No.1 and he was informed that the complete RO or the Membrane is required to be replaced for which the complainant have to pay Rs.4,500/- and Rs.2,300/- respectively. The complainant had been following up with the OP for solution of the problem but OP No.1 flatly refused to repair/replace the product without payment whereas the product was under warranty. The complainant also visited the address given on the warranty card and he came to know that the shop has been permanently closed and the dealer had left for Nepal. The complainant sent letter dated 01.10.2014 to the OPs urging them to replace the RO free of cost or refund its price alongwith compensation.
With these allegations, the complainant has sought directions to the OPs to replace the product at the earliest; to pay him a sum of Rs.25,000/- towards mental agony and Rs.2,000/- as costs of the petition.
2. Notice sent to OP No.1 received back with the report of unclaimed and of OP No.2 received back with the report of refusal. Presuming their absence as willful, OP Nos.1 and 2 were proceeded against exparte on 07.01.2015.
3. Evidence of the complainant consists of his affidavit Ex.CW1/1 and copies of documents Ex C-1 to C-4.
4. In view of the decision of Hon’ble Uttrakhand State Consumer Disputes Redressal Commission in case titled as Consoritum Securities Pvt. Ltd. & Ors. Vs. Smt. Anjana Tyagi, 2013(3) CLT 570 by relying upon the judgment of Hon’ble National Commission in case titled as Mathura Mahto Mistry Vs. Bindeshwar Jha (Dr.) & another, 2008 (I) CLT 566, the OPs were given three opportunities to rebut the evidence of the complainant. However, none appeared for them to rebut the evidence.
5. We have heard the complainant and gone through the written arguments filed by him.
6. It is the case of the complainant that he availed the services of the OPs by purchasing water purifier for a sum of Rs.7,000/- from OP No.1. As per the complainant immediately after purchase of the RO it started giving problems and on the complaints of the complainant service executive of the OPs came but failed to resolve the problem. The complainant requested the OPs to replace the RO system with a new one or to refund its price but the OPs have not paid any heed to the requests of the complainant and thus he has filed the present complaint for refund of the deposited amount with interest.
7. An ample opportunity of natural justice was given to the OPs but none appeared on their behalf. This shows that the OPs have deliberately not appeared before this Forum to rebut the pleadings and evidence of the complainant and, therefore, were proceeded against ex-parte. This absence on the part of the OPs is nothing but an admission from their own side as has been held by the Hon’ble Kerala State Consumer Disputes Redressal Commission in K.D. Ajay Khosh Vs. M/s. Alliance Habitat, CLT 2013 (2) 389. By considering the facts, circumstances and documentary evidence adduced by the complainant alongwith his affidavit, this Forum is of the view that the act of the OPs is nothing but an act of deficiency in service in accordance with the provisions of the Consumer Protection Act. Their non appearance in this Forum only shows that they have nothing to say.
8. Therefore, the complaint is allowed with the following directions to the OPs to:
(a) to replace the water purifier with a new one of the same model and of the same price to the satisfaction of the complainant within a period of 15 days from the date of receipt of a certified copy of this order.
OR
In the alternative refund the price of the purifier i.e. Rs.7,000/- (Rs. Seven thousand only) with interest @ 9% per annum from 16.04.2014 till actual payment.
(b) to pay to the complainant a lump sum compensation of Rs.5,000/- (Rs. Five thousand only) on account of mental agony, harassment and costs of litigation.
The OPs are directed to comply with the above directions within a period of one month from the date of receipt of a certified copy of this order. Certified copies of orders be sent to the parties free of costs and thereafter the file be consigned to the record room.
Pronounced.
March 19, 2015
(Mrs. Madhu P. Singh)
President
(Mrs. Sonia Bansal)
Member
