Heard learned counsel on behalf of complainant appeared and drawn the attention of this commission towards the order dated 30.01.2018 whereby there was specific order that if, the Opposite party does not file the written statement then complainant shall be heard and order shall be passed but even thereafter and till today no written statement has been filed. Therefore, as per observation made by this commission this application be heard an accordingly, Ex-Party.
The main case of the complainant that there is gross deficiency in service on the part of the Opposite party for not only an supplying an inferior quality articles having manufacturing defects, but even after given a warranty certificate for faucets, Flushing System, Shower enclosure and wellness products for warranty of ten years and on complain to their customer care and issuance of legal notice did not respond to repair or to supply the correct articles committing gross deficiency in service.
That briefly stated, the facts giving rising to this complaint are hereunder:-
(a)That complainant purchased Faucets Flushing System, shower enclosure and wellness products from the Opposite party i.e. Opposite party no. 01 of juguar made product of an amount of Rs. 49,900/- (Forty nine thousand nine hundred only)from Opposite Party no. 01 on 25.08.2014, 28.08.2014 and 03.09.2014 for which a warranty certificate was granted by the seller/dealer, namely, Bath-N-Room, Shashi Complex, Exhibition Road, Patna, Opposite Party no. 01.
The photocopies of receipt and warranty certificate is being annexed herewith and marked as annexure 01 series and 2 series to this complaint petition.
(b) After fitting the products of Opposite Party no.02 purchased from Opposite Party no.01was fitted in the Bathroom, which started giving problem, the complainant first informed Opposite Party no. 01 on telephone, who asked the complainant to make a complainant with Jaguar Customer Care having no. 18001216808.
(c) The complainant having left with no remedy lodged a complaint with the Customer care on 05.01.2015, and was supplied with complaint no. 008377 and was assured that the complaint would be attended by the company within 48 hours.
After fitting the products of Opposite Party no.02 purchased from Opposite Party no.01, the complainant made complain on several times relating to water coming out of bathroom and other defects. The Opposite party did not redress the grievance. The complainant has also made complaint to the higher officials also but none pay heed. After falling down more than 60,000 liter water from the wall mixtures creating most and hygienic situation. The complaint lodged to the officer is Annexure-03. Therefore, the complainant has prayed the following reliefs.
- The Opposite party may be directed to replace all the fittings sold to the complainant by returning the amount received by them, i.e., 49,900/-.
- The Opposite parties may be directed to refund the entire amount and the compensation for the loss of the money expended in fixing the fixture in the wall, i.e. , 72,000/-.
- The Opposite parties may further be directed to make a payment of compensation to the tune of rupees 4 Lac for causing loss of natural resources like water of not less than sixty thousand liters, and also loss of electric energy and causing unhygienic situation in residential premises, and therefore, the compensation to the tune of Rs. 3 lac for mental and physical harassment.
- To direct the opposite parties to pay a cost of Rs. 2500/- for getting the defects by private mechanic on 14.01.2015.
It is very clear from as above that no written statement has been filed by the Opposite Party nor any written statement has been filed despite having valid service of the notice the warranty certificate as well as the paper in support of expenditure made an annexed in annexure -01 and 02 is available on record. Which is in support of the contents of the complaint but there is a nothing on record brought by the Opposite party to convert the plea of complainant.
After considering, the submissions and the documents available on record as stated this complaint petition stands allowed and opposite party is directed to pay all together Rs. 55,000/-(Fifty five thousand only) including the cost the complainant within two month of this order. In case of non-payment complainant shall be entitled to recover the amount in due course of law.
