D.O.F:16/03/2022
D.O.O:30/09/2022
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION KASARAGOD
CC.No48/2022
Dated this, the 30th day of September 2022
PRESENT:
SRI.KRISHNAN.K :PRESIDENT
SRI.RADHAKRISHNAN NAIR.M : MEMBER
SMT.BEENA.K.G : MEMBER
Devadas Alva. Aged 50 years,
Shiva Nilaya, Kodiyamma Post
Bambrana Village, Manjeshwar : Complainant
Kasaragod – 671321
(Adv: C. Krishnakumar)
And
Mr. Sandeep
M/s. S.R. Enterprises,
Zaigam Complex, Kumbala : Opposite Party
Manjeshwar Taluk, Kasaragod – 671321
ORDER
SMT.BEENA.K.G: MEMBER
The opposite Party is doing the business of Solar powers and water purifier. The complainant was induced by Opposite Party purchase water purifier. By believing the words of opposite party the complainant purchased FRP vessels model 1465 of layer auto multi port valve and other related accessories for Rs. 53,000/- on 10/12/2021. The Opposite party assured five years guaranty for the product and free installation. On the same day the Opposite party installed the automatic water purifier on the roof of the complainant’s house. On the next day the complainant noticed that the water purifier is not working properly and approached opposite party. The Opposite party advised the complainant that the water purifier should be installed on a stand otherwise purifier will not be worked correctly. This constrained the complainant to fix a stand and other plumping item worth Rs. 10,904/- . Thereafter Opposite party and technicians changed position of the purifier. Even after installing water purifier on the top of the stand also, no change in the condition. The complainant again approached opposite party for curing defects but Opposite Party hesitated to rectify the defects. The complainant several times visited the office of the Opposite party by spending huge amount for curing defects and at last on 21/01/2022 the Opposite party came to the house of the complainant and erected a manual multiport valve of a FRP vessel 2456 layer worth Rs. 35,744/- without the difference in amount. Thereafter also the water purifier is not started functioning properly. When this is informed to the Opposite party it is directed that the complainant has to pay additional amount of Rs. 10,000/- instead of the rectifying the mistake. Due to the deficiency of the service of opposite party the complainant suffered financial loss and mental agony. Therefore the complainant prayed for the refund of Rs.63,904/- being the incurred expenses with Rs.50,000/- for installation articles and for Rs. 25,000/- being the damages with 12% interest along with cost of the proceedings.
Notice of both opposite parties served, Name of Opposite party No:2 called absent set exparte.
Complainant filed documents it is marked as Ext A1 to A4 heard the complainant the issues raised for the consideration are
- Whether there is deficiency of service or unfair trade practice on the part of opposite party?
- Whether the complainant entitled for the relief?
- If so what is the relief?
The case of the complainant is that he purchased FRP vessels for purifying drinking water from Opposite party with other related accessories for Rs. 53,000/-. On 10/12/2021. The Opposite party assured five years guaranty for the product with free installation. On the same day itself, opposite party technician installed the automatic water purifier on the roof of the complainant house. But the water purifier was not working and opposite party advised the complainant to install the water purifier on a stand. The complainant was constrained to fix a stand and the other plumping item worth 10,904/- and the position of the purifier changed. But even after installing on the top of the stand also the water purifier was not functioning properly hence complainant again approached opposite party to rectify the defects. Ext A1 is the invoice issued by opposite party to the complainant on 10/12/2021. Ext A2 is the tax invoice issued to the complainant on 31/12/2021 for Rs7385/- . Ext A3 is estimate Ext A4 brochures issued by opposite party. By analyzing the complaint and documents the grievance of the complainant is that after spending a huge amount for the installation of water purifier it was not functioning properly. The non functioning of the water purifier severe mental agony and loss to the complainant. It has come in evidence that the complainant had already spent Rs. 63,904/- with other expenses for installing the water purifier on the top of the stand.
The complainant several time approached Opposite party to rectify the defects of the water purifier. But the Opposite party failed to cure the defects of the water purifier this amounts to unfair trade practice and deficiency of the service on the part of Opposite party which caused severe mental agony and loss to the complainant. While going through the complaint and documents we are of the view that in the absence of contra evidence Opposite party is liable to compensate the damages suffered by the complainant. Certainly there is deficiency of service and unfair trade practice on the part of opposite party. The complainant is entitled to get the expenses to the tune of Rs. 63904/- with a compensation of Rs. 25,000/- along with cost of the proceedings.
In the result complaint is allowed directing Opposite party to refund Rs. 63904/- with 10% interest from 10/12/2021 till disbursal with a compensation of Rs. 25,000/- (Rupees Twenty Five thousand only) and a cost of Rs. 5000/- (Rupees Five thousand only) to the complainant.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exhibits
A1- Invoice Dt: 10/12/2021
A2- Tax Invoice Dt:31/12/2021
A3- Estimate
A4- brochures
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
Ps/
