M. THANIKACHALAM J. - (1.) The opposite party who suffered an adverse order in the hands of the District Forum, is the appellant.
(2.) The 1st respondent herein, as appellant approached the District Forum for certain reliefs, on the ground that he had purchased a 20 LPH RO system from the opposite parties, that the opposite party who installed the same on 23.12.2001, had collected a total sum of Rs.36,400/-, that the system stopped functioning from 26.1.2002, that on request as well on complaint, though some services had been effected, were not satisfactory, thereby the opposite party committed not only deficiency in service, but also caused mental agony, and that the opposite party should be directed to replace the water purification plant or to pay the cost of the plant, with compensation of Rs.10000/- in addition to cost of Rs.2000/-.
(3.) The appellant/ opposite party, denying the averments in the complaint, had stated in the written version, that the complainant forced the opposite party to install the water treatment plant by modifying the existing iron removal unit to suit his requirement, that the opposite party could not provide any kind of warranty or guarantee for the existing iron removal unit, though the same was serviced and made functional to meet the demands of the complainant, that owing to the increase in the impurity level of the source water, the Reverse Osmosis Membranes, the main functioning unit of Water Treatment Plant become clogged, requiring frequent chemical cleaning, that there was no negligence or deficiency in service on the part of the opposite party, and this being the position, no question of replacing the water treatment plant or paying the compensation would arise.;