By Smt. PREETHI SIVARAMAN.C, MEMBER
1.Case of the complainant:-
Complainant is a Computer Engineer now working at Sweden. His father Mr. Muhammed Allungal is the beneficiary who represented the complainant before this Commission.
2. For that purpose on 23/06/2020, they ordered Xiaomi’s Mi Smart water purifier worth Rs. 11,979.72/- through Mi online platform by seeing the advertisement in online and bought the product through online. They also purchased an extended warranty for the product by paying Rs.499/- and the total amount of the product is Rs. 12,498/-. On 29/06/2020 the service person from opposite party No.2 came and installed the water purifier in complainant’s house and it was properly working at that time.
3. But on 28/10/2020, the water purifier got dyfunct and there is a leak seen on the lower part of the water purifier and complainant registered a complaint through the toll free number as per Token Number M 2764446 and a service engineer came to complainant’s house on 05/11/2021 and 12/11/2021 and inspected the water purifier. Thereafter on 12/11/2021 a representative of opposite party No.2 came and inspected the water purifier and suggested to change one of the device inside the water purifier which costs Rs. 3000/-. Then he said to complainant that a representative of the company will come and check the water purifier, but nobody came to complainant’s house till date.
4. Then complainant contacted the opposite parties through phone and email communication, but no response was received by complainant from them. Hence this complaint. As per the warranty plan given by opposite parties to complainant, there is two years warranty for the product and opposite parties are bound to rectify the defects without paying for the same. Complainant said that the above water purifier had manufacturing defects.
5. Prayer of the complainant is that, he is entitled to get a new water purifier
instead of the old defective water purifier. Again he prayed that the Commission gave direction to the opposite parties to rectify the defects of the water purifier or replace the water purifier and extend the warranty period or to return the cost of the water purifier to complainant and also to pay Rs.30,000/-as compensation for the mental agony and hardship suffered by the complainant
6. On admission of the complaint notice was issued to the opposite parties and notice served on them and they did not turn up. Hence opposite parties set exparte.
7. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 to A4. Ext.A1 is the true copy of tax invoice, Ext.A2 is the true copy of order details and extended warranty bill, Ext.A3 is the true copy of Mi Extended Warranty Card and details, Ext. A4 is the true copy of email reply sent by opposite party No.1 to complainant regarding the complaint filed by complainant on 05/11/2021.
8. The allegations against opposite parties are proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced four documents which are very supportive to prove his case. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite parties as alleged in the complaint. Hence we allow this complaint holding that opposite parties are deficient in service.
9. We allow this complaint as follows:-
- The opposite party No.1 and 2 are directed to install a new, non defective water purifier in complainant’s house having warranty.
- The opposite party No.1 and 2 are also directed to pay compensation of Rs. 10,000/-(Rupees Ten thousand only) to the complainant on account of deficiency in service on the part of opposite party No.1 and 2 and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite party No.1 and 2 are also directed to pay Rs. 2,000/-(Rupees Two thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite party No.1 and 2 are liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 29th day of September, 2022.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A4
Ext.A1 : True copy of tax invoice.
Ext.A2 : True copy of order details and extended warranty bill.
Ext.A3 : True copy of Mi Extended Warranty Card and details.
Ext.A4 : True copy of email reply sent by opposite party No.1 to complainant
regarding the complaint filed by complainant on 05/11/2021.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
