ORDER SRI. K. ANIRUDHAN (MEMBR) Sri. Kunjappan, aged 60, has filed this complaint before the Forum on 23.02.08 alleging deficiency in service on the part of the opposite parties. The brief facts of his allegations are as follows:- On 24.09.08 he had purchased a Water Purifier for a sum of Rs. 6500/- from the first opposite party. At the time of accepting the price of the said item, the first opposite party had issued bill, after noting the Type number, Serial number of the said water purifier, together with the Guarantee Card (2 years warranty). After purchasing the same, on the 3rd day onwards the set became defective. When contacted the 4th opposite party, they had sent a technician and he had examined the set and returned without rectifying the defect. Several times, he had contacted the 4th opposite party. Since there was no positive steps from the 4th opposite party, he had again contacted the first opposite party and as per their instruction he had again contacted the 2nd and 3rd opposite parties through phone. 2nd opposite party had informed him that it will take time to rectify the defect. He had not obtained any further steps from the opposite parties, for rectifying the defects of the set. Hence this complaint seeking a direction to get back the price of the defective set from the opposite parties, together with compensation and costs. . 2. Notices were issued to the opposite parties. 1st opposite party appeared before the Forum though their counsel. Other opposite parties appeared before this Forum. But later, opposite parties were absent. Considering their long absence, they were ex parte by this Forum on 08.05.2009. 3. Considering the allegations of the complainant, this Forum has raised the following issues. 1. Whether there is any deficiency in service and negligence on the part of the opposite parties? 2. Whether the complainant is entitled to get compensation and costs from the opposite parties? 4. Issues 1 and 2:- Complainant has filed proof affidavit in support of his case and filed documents in evidence – Documents Ext.A1 to A3 – marked. Ext. A1 is the Guarantee Card issued at the time of the purchase of the set by the complainant from the shop of the first opposite party. The Guarantee Card shows the date of purchase of the set – dtd. 24.09.08. The Guarantee Card shows that the Guarantee was for a period of 2 years from the date of purchase. Ext. A2 is the Cash Bill dtd. 24.09.08 issued to the complainant, for a sum of Rs. 6500/- at the time of purchasing the set. It was sealed and was issued by the first opposite party. Ext. A3 is the Power of Attorney dtd. 24.06.09. 5. On a detailed verification of the entire matters of this case, it can be seen that the complainant had purchased the Philips Water Purifier set bearing No. 3890 from the first opposite party on 24.09.08 for a sum of Rs. 6500/-. The complaint alleged that it became defective on the 3rd day onwards. The complainant requested, the opposite parties on several occasions to rectify the defects. It is noticed that the set became defective within the period of warranty. But the opposite parties have not shown any earnest steps to rectify the defect of the set or return the price of the set. This shows the deficiency in service and negligence on the part of the opposite parties. It will be treated as cheating. The opposite parties are bound to rectify the defect, since the set became defective within warranty period. Any kind of deviation from the service will amounts to deficiency in service. In this case, the opposite parties have committed dereliction of duty and culpable negligence and they are jointly liable for that. The complainant is fully entitled to get the proper service from the opposite parties since he will come within the purview of “consumer” and the allegation raised by the complainant against the opposite parties will be treat as “consumer disputes”. On going through the allegations of the complainant we are fully convinced that the allegations, raised by the complainant against the, opposite parties are, to be treated as genuine. The action of the opposite parties are wholly, illegal, arbitrary and unauthorized. It is to be further noticed that the opposite parties are not taken any steps to state the reasons for the delay to rectify the defect of the said set or return the price of the set to the complainant. This shows the irresponsible attitude of the opposite parties against a bona fide purchaser. Hence complaint is to be allowed. All the issues are found in favour of the complainant. In the result, we hereby direct the opposite parties to return the price of Rs. 6,500/- (Rupees Six thousand and five hundred only) to the complainant, after collecting the defective Philips Water Purifier set from the complainant, and pay a sum of Rs. 10,000/- (Rupees Ten thousand only) for the mental agony, sufferings, physical strain and inconvenience of the complainant due to the culpable negligence and grossest deficiency in service by way of denial of rectifying the defects of the set in time or return the price of the said set by the opposite parties to the complainant, and further pay a sum of Rs. 2,000/- (Rupees Two thousand only) to the complainant for the cost of this proceedings. We further direct the opposite parties to comply, this order and pay the said amounts to the complainant within 30 days for the date of this order. Pronounced in open Forum on this the 30th day of June 2009. Sd/- Sri. K. Anirudhan Sd/- Sri. Jimmy Korah Sd/- Smt. N. Shajitha Beevi Appendix:- Evidence of the complainant:- Ext.A1 - Guarantee Card Ext. A2 - Cash Bill Ext. A3 - Power of Attorney Evidence of the opposite parties:- Nil // True Copy // By Order Senior Superintendent To Complainant/Opposite parties/S.F. Typed by:- vo/- Compared by:- | 
