IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Tuesday, the 28th day of February, 2017.
Filed on 11-08-2016
Present
- Smt. Elizabeth George (President)
- Sri. Antony Xavier (Member)
- Smt. Jasmine D (Member)
in
C.C.No.260/16
between
Complainant:- Opposite parties:-
Smt. Vijayakkumari 1. Proprietor
Edassery House G Shop
Kallimel.P.O Muthirakkandam Complex
Alappuzha Oppo. Panjab National Bank
Mavelikkara
2. M/S Eureka Forbs Ltd 7,Chakraberia Road (South)
Kolkatta- 700 025
India
O R D E R
SMT. JASMINE D. (MEMBER)
The case of the complainant in short is as follows:
The complainant had purchased a water purifier from the 1st opposite party manufactured by the 2nd opposite party on 3/10/2014 for an amount of Rs. 6,100/-. There after the complainant has taken an AMC from the 2nd opposite party after remitting an amount of Rs. 1580/-. But the 2nd opposite party has not rendered any service to the complainant even after repeated demands. The complainant sustained much mental agony and hence filed this complaint.
2. Notice was issued to the opposite parties notice against 1st opposite party returned as left notice against 2nd opposite party was served. 2nd opposite party appeared before the Forum and expressed their willingness to settle the matter. But the matter was not settled and the 2nd opposite party became absent for the subsequent postings and hence 2nd opposite party was set ex-parte.
3. Complainant filed proof affidavit and documents Ext.A1-A2 were marked.
4. Considering the allegation of the complainant this Forum as raised the following issues for considering:
1) Whether there is any deficiency in service on the part of the opposite parties?
2) Whether the complainant is entitled to get any relief as prayed for?
5. The case of the complainant is that she purchased a water purifier manufactured by the 2nd opposite party on 3/10/2014 and thereafter she took an AMC from the 2nd opposite party after remitting an amount of Rs. 1580/- for a period of 1 year starting from 24/09/15and ending on 23/09/2016. But the 2nd opposite party failed to provide the assured service even after repeated requests. Hence this complaint
6. The complainant filed proof affidavit and produced 2 documents which were marked as Ext. A1 and Ext.A2. Ext.A1 is the retail invoice dated 3/10/2014. Ext.A2 is invoice cum receipt for service contract dated 24/09/2015 from the documents it can be seen that the complainant purchased the water purifier manufactured by the 2nd opposite party and the complaint took an AMC for a period of 1 year starting from 24/09/2015 and ending on 23/09/16 after remitting an amount of Rs. 1580/- According to the complainant during the AMC period the complainant contacted the 2nd opposite party many times for getting the assured service. But the opposite party failed to provide the assured service. According to the complainant she took AMC honestly believing the assurance of the 2nd opposite party regarding services. Here the 2nd opposite party failed to provide the assured service to the complainant and it amounts to deficiency in service. So the opposite party is liable to compensate the complainant for the mental agony and inconvenience caused to the complainant. The complainant prayed for the refund of the product. Since the product is not under the warranty period we can’t direct the opposite party to refund the price as prayed for but the opposite party failed to provide the assured service to the complaint during the AMC period even after repeated request so the complainant entailed to get the amount paid for taking AMC together with compensation.
In the result the 2nd opposite party is directed to refund an amount of Rs.1580/- (Rupees One thousand five hundred and eighty only) to the complainant. The 2nd opposite party is further directed to pay an amount of Rs.2000/- (Rupees Two Thousand only) towards compensation. The order shall be complied within one month from the date of order, failing which the amount Rs. 1580/- (Rupees One thousand five hundred and eighty only) shall carry interest @ 9% per annum from 24/09/2015 till realization.
Pronounced in Open Forum on this the 28th February 2017.
Sd/-Smt. Jasmine D (Member)
Sd/-Smt. Elizabeth George (President)
Sd/-Sri. Antony Xavier (Member)
Appendix:-
Evidence of the complainant:-
Ext.A1 - Retail Invoice Dtd.3-10-2014
Ext.A2 - Invoice cum receipt
Evidence of the opposite parties:- Nil
-//True copy//-
By Order,
Senior Superintendent.
To
Complainant/Opposite parties/SF
Typed by:Br/-
Compd.By:
