BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,

ERNAKULAM.

Date of filing : 22.09.2015

Date of Order : 29.02.2016

Present :-

Shri. Cherian. K. Kuriakose, President.

Shri. Sheen Jose, Member.

Smt. V.K. Beena Kumari, Member.

C.C. No. 625/2015

Between

And

O R D E R

V.K. Beena Kumari, Member

A brief statement of facts of this complaint is as follows :-

The complainant Shri Jose Thomas had entered into a three year service contract with the opposite party Eureka Forbes on 29.06.2012 for the period from 29.06.2012 to 28.06.2015. On 23^rd June 2015 the complainant received an SMS from 8082299333 reminding him to renew the existing service contract. The complainant opted for the renewal of the service contract and after a few minutes the complainant received another SMS mentioning that “ we have noted down your annual service contract request renewal. The complainant did not receive even a single service on the existing three year service contract. Therefore the complainant contacted the office of the opposite party in person and met the service manager and informed him of the matter. The service manager agreed to sent service personnels within 2 days but nobody came to the residence of the complainant as promised. The complainant contacted the service manager over phone and he promised him to call after 2 minutes. But he did not call the complainant. The complainant after two days again contacted the office of the opposite party over phone but the service manager was not available in the office. There was no response from the service manager thereafter. The complainant sent a registered letter to the opposite party company on 01.09.2015 along with a photocopy of the three year service contract and the said registered letter was served on the opposite party company on 03.09.2015 and in response to the said letter a service personnel visited the complainants residence and inspected the machine 'Aqua Sure Pearl' and told the complainant that he is not conversant with the model purchased by the complainant and he left without servicing the machine and after one week another service personnel inspected the machine and he told the complainant that fitter for Aqua Sure Pearl is not available with the company and a lot of service contracts on 'Aqua Sure Pearl' are pending with the company due to non-availability of filter. Therefore the complainant filed this complaint seeking orders of the Forum to the opposite party to refund the price of the machine of Rs. 5200/- and to refund Rs. 3200/- paid towards the charges for 3 year service contract. The complainant also sought for an order to the opposite party to pay Rs. 10,000/- towards compensation for the mental agony and inconveniences suffered by the complainant and towards costs of proceedings.

1. 1. 2. Notice was issued to the opposite party from this Forum and the notice was served on the opposite party but neither the opposite party company not its representative appeared before this Forum in response to the notice. Therefore the opposite party is set exparte and this complaint is disposed of exparte after hearing the complainant.

3.The evidences in this case consisted of the proof affidavit filed by the complainant and the documentary evidences marked as Exts. A1 to A4 on the side of the complainant. The opposite party remained absent from the proceedings of this Forum for reasons best known to them.

4. From the pleadings in the complaint, the following issues emanated for the consideration of this Forum :-

1. Whether the complainant has proved deficiency

   in service on the part of the opposite party -

   Eurerka Forbes ?

2. If so whether the complainant is entitled to get

   refund of the price of the produce of Rs. 5200/-?

   iii) Whether the opposite party is liable to pay

compensation and costs of proceedings of

Rs. 10,000/- to the complainant ?

5. Issue Nos. (i) and (ii) : The complainant Shri Jose Thomas purchases Forbes W.P. Aqua Pearl UV for Rs. 5200/- as evidenced by Ext. A1 invoice 11.05.2011 and he took service contract for the period from 29.06.2012 to 28.06.2015 after paying Rs. 3200/- as evidenced by Ext. A2 service contract dated 29.06.2012. The complainant raised by the complainant is that he did not receive even a single service on the existing three year service contract or during the extended service contract period despite several requests for service of the product purchased from the opposite party through telephone and in person. The complainant thereafter sent a registered letter to the opposite party requesting their service was proved by A3, A4 notice and acknowledgment card. Thus we find that the complainant has eminently proved that even after receipt of the registered letter the opposite party could not rectify the defect of product purchased by the complainant. The complainant has also proved his averments through his exparte proof affidavit filed before this Forum. The above act of the opposite party amounted to gross deficiency in service on their part and we find that the complainant is entitled to get refund of the price paid by him to the opposite party of Rs. 5200/- and also the charges paid for 3 year service contract.

6. Issue No. iii :- The opposite party thoroughly failed in providing service to the complaint during the 3 year service contact period and during the extended services contract period despite several requests from the side of the complainant. The opposite party also not responded to the notice issued from this Forum. The absence of the opposite party or their representative e during the proceedings of this Forum speaks volumes. We find that the complainant is entitled to get compensation for the mental agony suffered and inconveniences occurred to the complainant along with costs of the proceedings we fix the compensation and costs at Rs. 10,000/-.

In the result, the complaint is allowed and w direct as follows:-

1) The opposite party Eureka Forbes shall refund an

amount of Rs. 5200/- being the value of the product

purchased from the opposite party.

2) The opposite party shall also refund to the complai-

nant Rs. 3200/- which was paid to the opposite party

towards charges for 3 year service contract.

3) The opposite party shall also pay Rs. 2500/- towards

compensation and costs of proceedings.

Pronounced in the open Forum on this the 29^th day of February, 2016.

Sd/- V.K. Beena Kumari, Member.

Sd/- Cherian. K. Kuriakose, President.

Sd/- Sheen Jose, Member.

Forwarded/By Order

Senior Superintendent

Date of Despatch of the Order :

By Hand / By Post :

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :- Nil