IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Wednesday, the 30th day of November, 2016.
Filed on 23...07...2016
Present
1) Smt. Elizabeth George (President)
2) Sri. Antony Xavier (Member)
3) Smt. Jasmine D (Member)
IN
CC/No.240/2016
Between
Complainant: Opposite party:-
The Principal Unique Systems
St. Marys College Sneha Bhaskaram
Puthanagady Kuthiathode.P.O
Angadippuram via Cherthala
Malappuram-679 321
O R D E R
SMT.JASMINE.D. (MEMBER)
The case of the complainant in short is as follows:-
The complainant has purchased 2 water purification systems from the opposite party on 10-09-2015 for an amount of Rs.1, 20,000/- and installed the same in the college for providing drinking water facility to the students. The product became defective during the warranty period. The defect has been intimated to the opposite parties many times, but the defect has not been rectified. The said system has been purchased solely for providing drinking water facility to the students, since the system was not working. The complaint has sustained much inconvenience and mental agony and hence filed this complaint.
2. Opposite party represented through counsel, but did not file any version and also absent for the subsequent proceedings hence the opposite party was set ex-parte.
3. Complainant filed proof affidavit and documents Ext.A1 to Ext.A6 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 party?
2) Whether the complainant is entitled to get any relief as prayed for?
5. Issues 1 and 2
The case of the complainant is that they have purchased 2 water purifiers from the opposite party for providing drinking water facility to the students studying in the complainant college. The system became defective during the warranty period and the defect has been intimated to the opposite party. But the opposite party failed to rectify the defect. Hence filed this complaint.
6. Complainant filed proof affidavit and documents Ext-A1 –A6 were marked. Ext.A1 is the copy of booklet issued by the opposite party. Ext.A2 is the copy of bill dated 10-09-2015. Ext.A3 is the copy of statement of accounts. Ext.A4 is the copy of guarantee card. Ext.A5 is the copy of TDS. Ext.A6 is the photos. On a perusal of the affidavit in lieu of chief examination of PW1 and from the documents it is clear that the complainant has purchased 2 water purifier from the opposite party for an amount of Rs, 1,20,000/- and the same became defective during the warranty period.
7. According to the complainant they have purchased the product as per the assurance given by the opposite party to rectify any defect. By believing the words of the opposite party the complainant purchased the product. Even though the defect was intimated to the opposite party they have not made any earnest effort to rectify the same. According to the complainant they have contacted the opposite party many times for getting the defects rectified. Since there was no response from the opposite party the complainant was forced to purchase another water purifying system for providing drinking water facility to the students which is a basic facility In our view since the opposite party has failed to rectify defect despite of the efforts made by the complainant they have committed deficiency in service and they are liable to refund its price together with compensation and cost.
In the result the complainant is allowed the opposite party its directed to refund the price of the water purifier Rs. 1,20,000/-(One Lakh Twenty Thousand Rupees only) to the complainant. The opposite party is further directed to pay an amount of Rs 3000/- (Three thousand Rupees Only) towards compensation and Rs. 2000/-(Two Thousands rupees only) towards cost. The order shall be complied with within 1 month from the date of receipt of this order, failing which the amount Rs. 1,20,000/- [One lakh Twenty Thousand only] shall carry interest @ 9%per annum from the date of order till realization
Pronounced in the open Forum on this the 30th day of November, 2016.
Sd/- Smt. Jasmine D (Member)
Sd/- Smt.Elizabeth George (President)
Sd/- Sri. Antony Xavier (Member)
APPENDIX:
Evidence of the Complainant:
Ext.A1 - Copy of Book let
Ext.A2 - Copy of Bill dated 10-09-2015
Ext.A3 - Copy of the statement of Accounts
Ext.A4 - Copy of guarantee card
Ext.A5 - Copy of TDS
Ext.A6 - Photos
Evidence of the opposite party: Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite party/SF
Typed by: Br/-
Comprd by:-
