EUREKA FORBES Vs. SUMAN SETIA

JUDGEMENT

(1.) Mr. Suman Setia, the complainant, purchased a water purifier, model Aquaguard, from M/s. Eureka Forbes Ltd., which was arrayed as OPs 1 to 3, along with its officials, for a sum of Rs.13,490/-, on 11.04.2013. After some time, it started giving trouble and the complainant met its Manager, OP2. A complaint was lodged on 02.03.2014. One Engineer, Mr. Mukesh, checked the water purifier and it transpired that there were cockroaches in the tank of water purifier. Mr. Mukesh noted this fact and opined that there may be some manufacturing defect in the water purifier. He further opined that one extra cover on the top of the water purifier would have to be put. Copy of service request activity report was placed on record as Annexure C-

(2.) Again, on 07.03.2014, Mr. Mukesh, put extra cover on the top of the water purifier. Copy of service request activity report was proved on record as Annexure C-3.

(3.) The defence set up by the OPs is that the complainant played mischief with the water purifier and thereby damaged the lid/cover of the same. Consequently, the insects and cockroaches entered into the tank of the water purifier. The OPs contended that the warranty period expired on 30.05.2014. It is contended that the complainant had forcibly snatched the DAR from the Technician and fabricated false entries dated 02.03.2014 to suit his requirement of filing a bogus complaint in the District Forum. It is contended that the write up, i.e., "tank main cockroach hai", and signature of the Service Technician was taken up by the complainant on the service request activity report, forcibly, marked as Annexure C-2. The Technician found that the lid/cover of the same was damaged and, therefore, the same was changed on 07.03.2014, after great persuasion, which was not otherwise allowed. On 04.05.2014, the service Technician of the OPs visited the complainant along with ICCR Original Copy, i.e., Invoice-cum-Receipt, but the complainant failed to pay the AMC charges in the sum of Rs.4,230/-. There was no manufacturing defect.