Delhi

East Delhi

CC/58/2021

sanjeev kumar - Complainant(s)

Versus

M/S. kspn enter. - Opp.Party(s)

27 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. No. 58/2021

 

	SANJEEV KUMAR S/O SH. RAM SINGH R/O H.NO. B-8-A, GALI NO.7, SHASHI GARDEN, PATPARGANJ, DELHI - 110091	….Complainant
Versus
	M/S KSPN ENTERPRISES (PURICOM WATER PRIVATE LIMITED) OFFICE AT: - H-23, IIND FLOOR, MAIN VIKAS MARG, LAXMI NAGAR, DELHI - 110092	……OP

 

Date of Institution	:	05.02.2021
Judgment Reserved on	:	17.03.2023
Judgment Passed on	:	27.04.2023

 

QUORUM:   

 

Sh. S.S. Malhotra	(President)
Ms. Rashmi Bansal	(Member)
Sh. Ravi Kumar	(Member)

 

 

Order By: Shri S.S. Malhotra (President)

 

 

 

JUDGEMENT

1. By this order the Commission shall dispose off the present complaint filed by the Complainant against OP w.r.t. deficiency in not providing the services despite having AMC w.r.t. to his Water Purifier. 
2. Brief facts as stated by the complainant in the complaint are that he obtained AMC of his Water Purifier from OP running from 11.02.2020 to 10.02.2021 and OP made visit on 11.02.2020, and did the needful and when the Water Purifier went out of order in August, 2020, the OP or its Service Engineer didn’t come rather compelled the complainant to have another AMC for next year and then only service would be done which complainant, submits that the same amounts to deficiency on the part of OP and as such he filed the present complaint against the OP seeking the direction to OP to return the amount of AMC charges of Rs.2500/-, to pay a compensation of Rs.50,000/- towards mental harassment and financial hardships caused to the complainant and Rs.8,000/- for litigation charges. 
3. OP was served but did not appear and was proceeded Ex-parte vide Order dated 27.05.2022.    
4. Complainant has filed his Ex-parte evidence and exhibited the following documents:

1. Copy of Aadhar Card of the Complainant as EX-CW1/1.
2. Copy of Bill issued by the OP to the Complainant as EX-CW1/2.
3. Copy of AMC Card issued by the OP to the Complainant as Mark-A. 

5. The Commission has heard the arguments and perused the record. 
6. Since, the OP has not appeared the Commission did not have any opportunity to hear OP or his defence.  Therefore, version of the complainant has gone unrebutted.  The Complainant has also supported his version on oath by filing an affidavit but simultaneously it is also  a fact that the AMC was in continuation w.r.t. February, 2020 to August, 2020 and even two visits were made by the OP.  Therefore, the Commission is of the opinion that there is a deficiency but in view of the facts mentioned here in above the refund of complete amount would not be justifiable. 
7. Accordingly, OP is directed to pay Rs.1250/- i.e. 50% of the amount paid along with interest @ 6% p.a. and Rs.1000/- as compensation towards mental harassment and financial hardships caused to the complainant.   

This order be complied with within 30 days from the date of receipt of the order, and if the same would not be complied within 30 days then OP would pay the interest on the whole amount @ 9% p.a till realization. 

Copy of the order be supplied / sent to the parties free of cost as per rules.

File be consigned to Record Room.     

Announced on 27.04.2023.