DATE OF FILING : 03.01.2011
BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI
Dated this the 31st day of January, 2011
Present:
SRI.LAIJU RAMAKRISHNAN PRESIDENT
SMT.SHEELA JACOB MEMBER
SMT.BINDU SOMAN MEMBER
C.C No.5/2011
Between
Complainant : Ravi K.R S/o Ramakrishnan,
Kavumkalmelpurathu House,
Nedumkandam P.O,
Asarikandam Bhagom,
Idukki District.
(By Adv: Sijimon.K.Augustine)
And
Opposite Party : The Proprietor,
G & S Electricals,
Nedumkandam P.O,
Kurisupally Junction,
Idukki District.
O R D E R
SMT.BINDU SOMAN(MEMBER)
The complainant drilled a bore-well in his property in order to meet his household affairs. The opposite party is a dealer of various motors, pumps and mechanical equipments in the name and style G & S Electricals. For taking water from the bore-well, the complainant purchased a Submersible Pumpset SL No.VIOHALB 2339 manufactured by Kirlosker company. Complainant purchased the said pump on 12.04.2010 for an amount of Rs.14,310/-, along with the pump he had purchased accessories like submersible cable, HDPE pipe etc. and the opposite party collected Rs.22,130/- from the complainant as the cost of pump and its accessories. The pump is having 12 months warranty. The opposite party's technicians installed the pump in the bore-well of the complainant. Within a period of two weeks the pump showed complaints and that was intimated to the opposite party and his technicians inspected and erected new starter. But thereafter also the pump was not properly functioned and it did not provide steady supply of water, the said complaint was intimated to the opposite party. The opposite party's technicians one Mr.Baby and Mr.Jilson inspected there and in order to rectify the defects, they lifted the pump from the bore-well and brought the same to the opposite party's shop. Thereafter inspite of repeated demands, after a period of 20 days, one day evening when the complainant was out of station, the opposite party's technicians refitted the pump in the bore-well, but it was not in a working condition. The complainant contacted the opposite party and again brought the technicians of the opposite party but inspite of earnest efforts they could not rectify the mistake. Moreover the pump was in a jammed condition in the bore-well and hence the efforts of the technicians to lift the same become futile. The complainant contacted the opposite party and he assured that the pump will be replaced by a new one. Thereafter the complainant contacted the opposite party several times but till this date he did nothing. The pump was kept idle in the bore-well. Complainant stated that the pump supplied by the opposite party was not in a good quality and defective one and it was not properly erected by his technicians. The petitioner alleged unfair trade practice and clear deficiency of service against the opposite party. As the pump jammed in the bore-well the complainant cannot take water from the bore-well. Complainant sustained a loss of Rs.22,130/- by way of cost of the pump and accessories. The petitioner demanded to replace the pump and wanted to get a new one. For redressing his petition the petitioner filed this complaint before the Forum.
2. Inspite of notice from the Forum, the opposite party was exparte. No written version filed.
3. The point for consideration is whether there was any deficiency in service on the part of the opposite party, and if so, for what relief the complainant is entitled to ?
4. The evidence consists of the oral testimony of PW1 and Exts.P1 and P2 marked on the side of the complainant.
5. The POINT :- Complainant filed proof affidavit and examined as PW1 and marked Exts.P1 and P2. Ext.P1 is the copy of bill dated 12.04.2010 for Rs.22,130/- issued by the opposite party, that shows the purchase of pump and its accessories. Ext.P2 is the copy of warranty dated 12.04.2010. In Ext.P2, the opposite party assured 12 months warranty to the disputed pump. The complainant who is an ordinary man drilled a bore-well for his household affairs, because of the opposite party's act, the bore-well became defective and kept idle. Complainant in his affidavit stated that he has no other source for obtaining water. He spent Rs.22,130/- for the purchase of pump and its accessories from the opposite party's shop. The pump was installed by the opposite party's technicians. After repeated demands of the complainant, the opposite party's technicians refitted the pump in the bore-well. Complainant stated that now also the pump is not in a working condition, it was jammed in the bore-well. Due to the act of the opposite party the bore-well became functionless. The act of the opposite party is affected one of the primary need of a man. Hence we find both deficiency of service and unfair trade practice on the part of the opposite party.
In the result, the petition is allowed. The opposite party is directed to remove the jammed pump from the complainant's bore-well and supply a new defectless pump to the complainant, and the opposite party is also directed to make the bore-well in a good working condition or to pay Rs.25,000/- to the complainant. The opposite party is directed to pay Rs.5,000/- as compensation and Rs.2,500/- as cost of this petition within 30 days of receipt of a copy of this order, failing which the amount shall carry 12% interest per annum from the date of default.
Pronounced in the Open Forum on this the 31st day of January, 2011
Sd/-
SMT.BINDU SOMAN(MEMBER)
Sd/-
I agree SRI.LAIJU RAMAKRISHNAN(PRESIDENT)
Sd/-
I agree SMT.SHEELA JACOB(MEMBER)
APPENDIX
Depositions :
On the side of Complainant :
PW1 - Ravi.K.R
On the side of Opposite Party :
Nil
Exhibits:
On the side of Complainant:
Ext.P1 - Photocopy of Bill dated 12.04.2010 for Rs.22,130/- issued by the opposite party
Ext.P2 - Photocopy of Warranty dated 12.04.2010 issued by the opposite party
On the side of Opposite Party :
Nil
