DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

BATHINDA

C.C.No.160 of 17-08-2021

Decided on : 16.03.2023

Vijay Kumar S/o Sh. Omkar Tanwar, R/o Awa Basti, Bathinda.

........Complainant

Versus

Shri Ganpati R.O. System, Mehna Chowk, Bathinda, through its Prop.

.......Opposite party

Complaint under Section 35 of the Consumer Protection Act, 2019

Quorum :

Sh. Lalit Mohan Dogra, President

Sh. Shivdev Singh, Member

Present :

For the complainant : Sh. Vikesh Kumar, Advocate.

For opposite party : Ex-parte.

O R D E R

Lalit Mohan Dogra, President

1. The complainant Vijay Kumar (here-in-after referred to as complainant) has filed this complaint U/s 35 of Consumer Protection Act, 2019 (here-in after referred to as 'Act') before this Commission against Shri Ganpati R.O. System (here-in-after referred to as opposite party).

2. Briefly stated, the case of the complainant is that on 3-10-2020 he purchased one R.O. Water Filter for Rs.6500/- and one Geyser, on 3.10.2020 for Rs.5200/- from the opposite party on installment basis. The amount was to be paid in 10 installments. It is alleged that complainant paid most of the amount of the said purchased goods in installments and some of the amount is due. At the time of purchase of said R.O. Water Filter and Geyser the opposite party had provided sufficient warranty to complainant for 1-1/2 years.

3. It is also alleged that after sometimes from the date of purchase, the aforesaid R.O. Water Filter and Geyser stopped working. There is defect in the R.O. Water Filter and Geyser and the opposite party said that they cannot be repaired as there is manufacturing defect in said items/products.

4. The complainant alleged that he made repeated complaints to the opposite party and requested them that as the said R.O. Water Filter and Geyser is under warrantee, so replace the same or refund their price, but to no effect. Now the opposite party has totally declined the requests of complainant.

5. It is alleged that complainant also got served legal notice upon the opposite party in this regard, but to no effect. Due to aforesaid act of the opposite party, complainant suffered great mental tension, agony botheration harassment and also financial loss for which complainant claims compensation to the tune of Rs.1,00,000/-.

6. On this backdrop of facts, the complainant has prayed for directions to the opposite party to change the R.O. Water Filter and Geyser with new one or refund their price i.e. Rs. 6500/- and Rs. 5200/- with interest @18% p.a. from the date of purchase till payment and also pay Rs. 1,00,000/- as compensation besides Rs. 11,000/- as litigation expenses.

7. Registered A.D. Notice of complaint was sent to the opposite party but none appeared on its behalf. As such, exparte proceedings were taken against opposite party.

8. The complainant led exparte evidence. In exparte evidence, the complainant has tendered his Affidavit dated 16.8.2021 (Ex.C-1), and documents (Ex. C-2 to Ex. C-7).

9. We have heard learned counsel for the complainant and gone through the record.

10. To prove his case, the complainant has filed his duly sworn affidavit, copy of legal notice & receipts and warranty card Ex. C-4 & Ex. C-5. A perusal of Ex. C-4 & Ex. C-5 clearly show that said product carry warranty of 1-1/2 years from the date of sale i.e. 3-10-2020. A perusal of file shows that present complaint has been filed on 17-8-2021 within one year and there are allegations that said R.O. Water Filter and Geyser stopped working after sometimes of their purchase by the complainant. Thus, failure on the part of the opposite party to repair the said products within warranty period, as per Ex. C-4 & Ex. C-5, amounts to deficiency in service.

11. Accordingly, complaint is partly allowed and opposite party is directed to repair and R.O. Water Filter and Geyser of the complainant free of cost and pay Rs. 2,000/- as damages.

12. The compliance of this order be made within 45 days from the date of receipt of copy of this order.

13. The complaint could not be decided within the statutory period due to heavy pendency of cases.

14. Copy of order be sent to the parties concerned free of cost and file be consigned to the record room.

    Announced :

    16-03-2023

    (Lalit Mohan Dogra)

    President

     

     

     

    (Shivdev Singh )

    Member