EUREKA FORBES Vs. DAMYANTI VOHRA

JUDGEMENT

(1.) APPELLANT is a manufacturer of aqua guard water purifier. A scheme was launched for sale of the filters for life long free service at its service centres all over India. The respondent availed the said scheme and purchased a water filter for Rs. 7,250 on 31.3.1999, but after the ordinary warranty period of one year, the filter developed defect. The respondent wanted the mechanic of the appellant to provide service at his residence whereas the appellant insisted him for bringing the water filter at the service centre.

(2.) FEELING aggrieved, the respondent approached the District Forum and obtained an impugned order dated 24.10.2002 directing the appellant to provide the service at the place of installation of the water filter as and when the complaint is made and also pay Rs. 500 as cost of litigation and Rs. 500 as compensation for harassment of the complainant.

(3.) THROUGH this appeal, the appellant has assailed the impugned order mainly on two grounds. Firstly, that there was no life long service scheme and any endorsement made on the receipt by its sales agent made to that effect did not bind the appellant and that terms of contract were spelt out in the manual of the product copy of which was furnished to the respondent at the time of sale and secondly, that the service was to be provided at the nearest service centre all over India and not at the residence.