Date of filing: 17.03.2018                             Date of order : 21.8.2018

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::

KADAPA,  Y.S.R DISTRICT

PRESENT SRI V.C. GUNNAIAH, B.Com., M.L., PRESIDENT

   SMT. K. SIREESHA, B.L., LADY MEMBER

Tuesday, 21^st day of  August, 2018

CONSUMER COMPLAINT No. 15 / 2018

Shaik Mohammed Hussain,

S/o Shaik Mahaboob Saheb,

44 years, H.No. 3/333,

Naik Saheb Street, 

Kadapa – 516 001, A.P.                                                      …. Complainant.

Vs.

1.   The Branch Manager,

      Bahee Home Appliances & Digitals,

      D.No. 21/39, 7 Roads Circle, Near Tirumala Hospital,

      Kadapa – 516 001, A.P.

2.   The Managing Director,

      Luminous Klater Technologies Pvt. Ltd.,

      Plot No. 221, Udyog Vihar, phase I,

      Gurgaon – 122016, Haryana.                                      ….. Opposite Parties.

This complaint coming for final hearing on 09.8.2018 in the presence of complainant appeared as in persona and O.P.2 also appeared as in person and case against O.P.1 was dismissed on 30.5.2018 and upon perusing the material papers on record, the Forum made the following:-

O R D E R

 (Per Smt. K. Sireesha,  Member),

1.        The complainant filed this complaint under section 12 of Consumer Protection Act, 1986 (for short herein after called as C.P. Act). The complainant praying this Hon’ble Forum to pass an order against the opposite parties to return the R.O. Water purifier with warranty or cost of water purifier and warranty amount of Rs. 14,000/- + Rs. 7,800/-, to  pay Rs. 15,000/- towards mental agony and Rs. 5,000/- towards costs of the complaint. 

2.        The complainant purchased R.O. water purifier for Rs. 14,000/- on 26.2.2013 and paid Rs. 7,800/- towards additional warranty on 10.12.2015.  After installation of the purifier on 21.11.2017 there was smell in the water and complained the same through toll free number to the technician Mohammed as the Masthan was not feeling well.  He had given another technician Althaf phone number to the complainant.   The complainant said to the same to Althaf but they did not turned to repair the R.O. System.  After that the complainant had informed through toll free number and the service and they replied that the additional warranty period was over.  So we are not responsible for servicing or any repairs.  After that the complainant contacted one Manohar and the said Monohar also replied that the additional warranty period was over, so we are helpless.  The complainant sent notice on 19.2.2018 but there was no response from the opposite parties.  Hence, the complaint.

3.        The complainant filed a memo not pressing the complaint against opposite party No.1.  So the complaint against opposite party No.1 is dismissed.  O.P.2 filed written version. 

4.             Opposite party No. 2 is the manufacturer Livpure R.O. Water purifier system on 26.12.2013 and the complainant had additional warranty upto 9.12.2017. O.P.2 service that the service Engineer attended regularly and replaced the spare parts of the water purifier.  The technician advised the complainant to extend ACMC contract by paying amount but the complainant refused the same.  O.P.2 regularly during warranty period and also during ACMC contract period given service to the complainant In these circumstances the complainant had filed complaint before the Hon’ble Forum on 17-3-2018 i.e. after expiry of ACMC contract.  So the complaint may be dismissed.     

5.             On behalf of complainant Ex. A1 to A4 were marked.  No documents are marked on behalf of opposite parties.

6.        From the above averments the following points are settled for determination:-

1. Whether the complainant is eligible for compensation as prayed by him or not ?
2. Whether there is negligence or deficiency of service on the part of the Opposite party or not ?
3. To what relief ?

7.             Point Nos. i and ii   It is true from the complaint and written statement of O.P.2 that the complainant purchased water purifier under Ex. A1 for Rs. 14,000/- and it had additional warranty under Ex. A2, he had paid                  Rs. 7,800/- additionally.  As per complaint the complainant had intimated the defect in the water purifier on 21.11.2017 i.e. in additional warranty period only.  Opposite parties dragged the matter and they did not attended the services immediately.  They dragged the matter up to the expiry of the additional warranty period.  After that they responded and they advised the complainant again enter into contract of ACMC for additional warranty and pay the amount. But the complainant did not agree for the same as he had informed the defect of the water purifier in the additional warranty period itself.  O.P.2 simply mentioned in the written version they had attended after expiry of the additional warranty period for repairs of the water purifier, but they had not filed any authenticated documents as evidence to prove their services.  O.P.2 utterly failed to prove that they had attended services of water purifier and they repaired the water purifier of the complainant within the additional period or after expiry of the warranty period as shown by them in the written version.  So in these circumstances the complainant is eligible for compensation as prayed by him and at the same time there is deficiency in service on the part of O.P.2. 

8.             Point No.iii:- In the result, the complaint is allowed, directing the opposite party No. 2 to pay Rs. 21,800/- (Rupees twenty one thousand eight hundred only) towards cost of R.O. water purifier including warranty amount, pay Rs. 5,000/- (Rupees five thousand only) towards mental agony and ill health and to pay Rs. 5,000/- (Rupees five thousand only) towards cost of the complaint to the complainant, within 45 days of date of receipt of orders.  The complainant is directed to return the defective R.O. water purifier to the O.P.2 in the meantime. 

Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open forum, this the 21^st day of August, 2018

MEMBER                                                                                      PRESIDENT

APPENDIX OF EVIDENCE

Witnesses examined.

Witnesses examined for the Complainant:         NIL

Witnesses examined for the Opposite party:      NIL

Exhibits marked for Complainant : -

Ex. A1       Copy of bill no.60 dt 26-12-2013 for Rs.14,500/-.   

Ex.A2                Copy of bill no.51413 dt 10-12-2015 for Rs.7,800/-. 

Ex.A3                P/c of letter Addressed to O.P-2 DT.16-03-2018.With postal Receipt.             

Ex.A4                P/c of letter Addressed to O.P-1 DT.16-02-2018.With postal Receipt.. 

Exhibits marked on behalf of the Opposite parties: -  

MEMBER                                                                                   PRESIDENT

Copy to :-

                              1) Shaik Mohammed Hussain, S/o Shaik Mahaboob Saheb,  H.No. 3/333, Naik Saheb Street,  Kadapa – 516 001, A.P.

                              2) The Managing Director, Luminous Klater Technologies  Pvt. Ltd., Plot No. 221, Udyog Vihar, phase I, Gurgaon – 122016, Haryana

B.V.P