In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.   442 / 2009.

1)                   Sarawgi  Industrade Pvt. Ltd.,

Gulmohr, 6C, Middleton Street, Kolkata-700071.                                      ---------- Complainant

---Versus---

1)                   Zeolite (India) Pvt. Ltd.,

209, AJC Bose Road, Kolkata-700017.                                                   ---------- Opposite Party

Present :           Sri Sankar Nath Das, President.

                        Smt. Jhumki Saha, Member.

                        Dr. A. B. Chakraborty, Member

Order No.   2 0    Dated  27/03/2012.

The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by the complainant Sarawgi Industrade Pvtl Ltd. against the o.p. Zeolite (India) Pvt. Ltd. The case of the complainant in short is that complainant, a company incorporated under the provision of Company Act, 1986, purchased water filter from o.p. on payment of consideration of Rs.19,000/- on 12.7.04. But the water filter did not perform upto the expectation level and the quality of water gradually started deteriorating with reduction of flow of water and the water showed sufficient iron contents. Complainant called upon the o.p. and the o.p. sent a mechanic on 22.8.06 but defects could not be cured by the mechanic to the satisfaction of the complainant. Complainant sent a cheque of Rs.1900/- to o.p. for annual maintenance but o.p. did not received the same. Complainant by ld. advocate’s letter on 30.6.08 wherein entire grievance of complainant was stated to o.p. for redressal but no fruitful result was brought forth. Hence the case.

O.p. had entered its appearance in this case by filing w/v and denied all the material allegations labeled against it and prayed for dismissal of the case.

Decision with reasons:-

We have gone through the pleadings of the parties, evidence and documents in particular. It is admitted position that complainant company purchased water filter at a consideration of Rs.19,000/- from o.p. and after sometime the said filter started posing problem and the matter was brought to the notice of o.p. and o.p. sent a mechanic and the problem could not be removed. Thereafter, complainant wrote a letter to o.p. through ld. advocate disclosing all the defects experience by complainant. O.p. through his mechanic took some sample of water of said filter for testing of iron contents but no report to that effect is on record.

Therefore, in view of the findings above and on perusal of the entire materials on record we find that o.p. had some deficiency on its part being a service provider to its consumer / complainant and complainant is entitled to relief as prayed for.

Hence, ordered,

That the petition of complaint is allowed on contest with cost against the o.p. O.p. is directed to pay a sum of Rs.13,250/- (Rupees thirteen thousand two hundred fifty) only (on non standard basis since complainant used the filter for a reasonable period) together with interest @ 9% p.a. from the date of purchase till the date of realization and is further directed to pay compensation of Rs.5000/- (Rupees five thousand) only to the complainant for his harassment and mental agony and litigation cost of Rs.2000/- (Rupees two thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.

Supply certified copy of this order to the parties.

   ____Sd-_____                     _____Sd-_____                  _____Sd-______

     MEMBER                            MEMBER                        PRESIDENT