Tamil Nadu

South Chennai

CC/37/2017

J.Jaganath - Complainant(s)

Versus

The Proprietor, Sigma Aqua Guard - Opp.Party(s)

Party in Person

01 Jun 2018

ORDER

                                                                        Date of Filing :  03.01.2017

                                                                        Date of Order :  01.06.2018

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

  @   2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3.

PRESENT: THIRU. M.MONY, B.Sc., L.L.B., M.L.                     : PRESIDENT            

                  TMT. K.AMALA, M.A., L.L.B.                                 : MEMBER I

C.C. NO.37/2017

DATED THIS FRIDAY THIS  01^ST DAY OF JUNE 2018

 

J. Jaganath,

S/o. Late Jothi,

No.30/19, East Club Road,

Shenoy Nagar,

Chennai – 600 030.                                                        .. Complainant

                                                       ..Versus..

 

1. The Proprietor,

Sigma Aqua Guard,

No.1/147, Pillayar Kovil Street,

Jalladianpet,

Pallikarani,

Chennai – 600 100.

 

2. The Branch Manager,

Sigma Aqua Guard,

No.61, 1^st Main Road,

Jaganathapuram,

Velachery,

Chennai – 600 042.                                                 .. Opposite parties.

 

For the Complainant                          :    Party in person

Counsel for  the Opposite parties     :    Exparte

 

ORDER

THIRU. M. MONY, PRESIDENT

This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 seeking to pay a sum of Rs.3,040/- being the repair charges paid and to pay a sum of Rs.95,000/- towards compensation for mental agony, stress, tension, depression and pain to the complainant.

1.        The averment of the complaint in brief are as follows:

The complainant submits that he is having an Aqua Guard water purifier for his domestic use.   The complainant used to service the purifier from the Aqua Guard company itself.    On the request of the opposite parties, on 20.04.2016, the opposite parties sent his mechanic and repaired the Aqua guard machine and demanded Rs.2,500/- towards resetting  charges and Rs.250/- towards service charges.   The complainant submits that he paid a sum of Rs.2,500/- towards the resetting charges and Rs.250/- as service charges totalling  a sum of Rs.2,750/- by cash.  But within 2 days, the purifier got repaired and do not function within the warranty period.   Inspite of repeated calls, the opposite party stands deaf ears and has not attended the phone calls also.  On 11.08.2016, the opposite parties sent a technical assistant and received Rs.290/- towards charges.   From 20.04.2016 onwards, the purifier is not functioning and the complainant purchased can water for Rs.30/-.   The complainant has spent a sum of Rs.5,400/-. Since the opposite party turned deaf ears the complainant issued notice dated:23.08.2016.  The service of the opposite parties is very worst.     The opposite parties neglected to do proper service which caused great mental agony.  Hence this complaint is filed.

2.     Inspite of receipt of notice, the 1 & 2^nd opposite parties did not appear before this Forum and therefore, the 1 & 2^nd opposite parties were set Exparte.  

3.     Though the 1 & 2^nd opposite parties remained Exparte, this Forum is to dispose this compliant fully on merits with available materials before this Forum. 

4.     In such circumstances, in order to prove the allegations made in the complaint the proof affidavit is filed by the complainant as his evidence, and also documents Ex.A1 to  Ex.A4  are marked. 

The point for consideration is:-

Whether the complainant is entitled to a sum of Rs.3,040/- towards deficiency in service  with a compensation of Rs.95,000/- towards mental agony with cost as prayed for?

On point:

The opposite parties remained Exparte.  Heard the complainant.  Perused the records namely the complaint, proof affidavit, documents etc.  The complainant pleaded and contended that he is having an Aqua Guard water purifier for his domestic use.  The complainant used to service the purifier from the Aqua Guard company itself.   On the request of the opposite parties,  on 20.04.2016, the opposite parties sent his mechanic and repaired the Aqua guard machine and demanded Rs.2,500/- towards resetting  charges and Rs.250/- towards service charges.  Ex.A1 is the receipt.  But within 2 days, the purifier got repaired and do not function within the warranty period.  Inspite of repeated calls, the opposite party turned deaf ears  and has not attended the phone calls also.  On 11.08.2016, the opposite parties sent a technical assistant and received Rs.290/- towards charges as per Ex.A2.   From 20.04.2016 onwards, the purifier is not functioning and the complainant purchased can water for Rs.30/-.   The complainant has spent a sum of Rs.5,400/- but no document produced.  Since the opposite party turned deaf ears the complainant issued notices as Ex.A3 & Ex.A4.  The service of the opposite parties is very worst. The opposite parties neglected to do proper service which caused great mental agony.  The complainant is claiming a sum of Rs.3,040/- paid towards service charges and a sum of Rs.95,000/- towards compensation for mental agony.  But the complainant has not proved the quantum of compensation  in the manner known to law.  Considering  the facts and circumstances of the case, this Forum is of the considered view that the opposite party shall pay a sum of Rs.3,040/- being the amount paid towards repair charges during the warranty period by the complainant  with compensation of Rs.5,000 and cost of Rs.5,000/-.

  In the result, this complaint is allowed in part.  The opposite parties  1 & 2  are jointly and severally liable to pay a sum of Rs.3,040/- (Rupees three thousand and forty only) being the amount paid towards repair charges during the warranty period by the complainant and to pay a sum of Rs.5,000/- (Rupees five thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees five thousand only) to the complainant.

The above amounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 01^st  day of June 2018. 

 

MEMBER –I                                                                      PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

		Copy of receipt issued by the opposite parties for Rs.2,750/-
		Copy of receipt issued by the opposite parties for Rs.290/-
		Copy of notice issued by the complainant to the 2nd opposite party with acknowledgement
		Copy of notice issued by the complainant to the 1st opposite party with acknowledgement

 

                          

MEMBER –I                                                                      PRESIDENT