Order dictated by:
Ms.Rachna Arora, Member
1. The complainant has brought the instant complaint under section 12 & 13 of the Consumer Protection Act, on the allegations that Opposite Party No.1 a seller of the water filtration & purification products of several brands and Opposite Party No. 2 is authorized representative & Opposite Party No.3 is the Manager of Opposite Party No.1; that Opposite Party No.1 through Opposite Party No. 2 approached complainant on call for any requirement of water filter RO System or any other type of water filtration machines; that complainant told Opposite Party No. 2 in regard to his problem of corrosive water/ unclear water in taps of his house connected with water tank & complainant asked Opposite Party No. 2 that if any water filtration machine is there to filter/ treat the corrosive water; that Opposite Party No. 2 fixed appointment with the complainant & send Opposite Party No.3 on 2.5.2016 to see the problem of complainant of corrosive water/ unclear water and provide adequate solution to it; that Opposite Party No.3 inspected the whole water system of house of complainant and led to that the water is contaminated with the particles of black sand & scar which can be filter by special filter named as MGF SAND FILTER comes specifically to sought out this type of water problems. The warranty of two years was also given and assured by Opposite Party No. 3 of the said filter product. Opposite Parties No.2 and 3 assured that the problem will vanish after placing the suggested filter in the name water supply line of water tank and estimate of about Rs.22000/- was given by Opposite Party No.3 to the complainant to affix the same. Opposite Party No. 2 also given assurance that if the said filter does not sought out the problem within 7 days of its affixment, the filter will be removed and full refund of payment will be made to the complainant; that on 08/05/2016 opposite party No.2 along with plumber came to the residence of complainant and led to affixment of the said filter and took balance payment via Cheque drawn in favour of Sh Manmeet Singh (opposite party No.2) via cheque No.383375 of Rs.12,500- drawn on South Indian Bank G.T.Road, Jalandhar The Invoice No 264 08/05/2016 of Rs 17700/- was issued by opposite party No. 1 to complainant against payment of Rs.22000/- being rest payment of Rs.4300/- as fitting transport/carriage & sanitary goods charges for which bill was not provided by opposite party to the complainant; that it was assured to complainant by opposite party No.2 that filter will take minimum 2-3 days to fully vanish the problem and guaranteed that problem will be cleared soon. On 14/05/2016 (after 6 days from date of installation) complainant again contact opposite party No.2 on his mobile no +91-9815443355 & told him that filter affixed by opposite party No.2 is not working & no change has occur in the water quality & still unclear water is coming in taps. The assurance was given by opposite party No.2 to complainant that opposite party No.3 will visit tomorrow to check but no one visited residence of complainant till 18/05/2016; that after many calls by complainant to opposite party No.2 and opposite party No3, opposite party No. 2 visited residence of complainant on 19/05/2016 along with some official of the company to check the problem. The company official after checking led that this filter is not meant to filter & correct this type of water problem of corrosive water & filter is wrongly affixed/ unfit to solve this type of issue. That opposite party No.2 again assured the complainant that his payment is fully secured & will be refunded within 2 days after the said filter is taken/removed back by their technician. The complainant after wafting for 2 days has led many calls to office of Opposite Party No.1 on various mobile nos. +91-9815443355, 8054462823 & 8146922098 but no response was given by opposite parties to the complainant. That the situation of utter surprise to complainant occur when opposite party No.2 fatly take water filter back & refund return any amount back for the said order and did not pay any heed to the genuine request of the complainant. The facts & circumstances narrated in the complaint prima facie prove that there was a serious mis-selling, deficiency & incapability on the part the opposite parties. Vide aforesaid complaint the complainant has sought the following reliefs:-
- The opposite parties may kindly be directed to refund Rs.22000/- paid by the complainant alongwith interest thereon @ 18% pa thereon from the date of its purchase i.e May, 2016 till repayment.
- Compensation to the tune of Rs 15000/- for causing great mental pain, agony, emotional distress, harassment suffered by the complainant a well as his family members besides heavy professional and financial loss to the complainant due to the mis-selling deficiency & conduct and working of the opposite parties may also be awarded to the complainant.
- Litigation expenses which this Forum deems just and proper for the filing and perusing the present complaint against the opposite parties may also be awarded to the complainant.
Hence, this complaint.
2. Upon notice, opposite parties No.1, 2 & 3 appeared and contested the complaint by filing written statement taking preliminary objections therein inter alia that the present complaint is not legally maintainable as there no deficiency in service on the part of the opposite party; that the complainant has not approached the Forum with clean hands and concealed the true and material facts from the notice of this court. The complainant purchased Multi grad sand filter product which is installed with the water tank with the incoming water pipe. The product is properly working and even there is no minor fault in the product. Opposite Parties are ready to install the said product with an other tank including the tank of the building of Forum and is ready to get it checked from any other commercial engineer of any other company The real facts are that the sanitary system of the house of the complainant is very old and there is almost rust in the pipes and when water after purifying came from water tank in the pipes the colour of water due to rusty pipes became changed and it is the duty of the complainant to get his sanitary pipes cleaned. The complainant by misusing his post as Advocate threatened the opposite party to get his water pipes cleaned at their costs for which the opposite party is not liable. It is also submitted that the product was sold for Rs.17700/- and complainant has only paid Rs.12500/- through cheque No 383375 drawn on South Indian Bank, GT Road, Jalandhar and has not made the remaining payment of Rs.5200/- till date and when the said remaining payment was demanded, complainant filed the present complaint only to wriggle out from his liability of making the remaining payment. That the complainant is estopped by his own act and conduct from filing of the present complaint. The complaint is an abuse of process of law and as present such the same is liable to be dismissed with heavy costs. On Merits, it is submitted that the complainant told the opposite party in regard to his problem of corrosive water/ unclear water in the taps of his connected with the water tank. It is denied that complainant asked opposite party no 2 that if any water filtration machine is there to filter treat the corrosive water. The product is regarding the sand filter only and not for any other purpose. It is denied that opposite party no 3 inspected the whole water system of house of complainant and led to that the water is contaminated with the particles of black sand and scar which can be filtered by special filter named as MGF Sand Filter comes specifically to sought out this type of water problems. It is denied that warranty of 2 years was also given and assured by the opposite party no 3 as alleged. No warranty was ever given nor any warranty was mentioned in the bill. It is denied that any alleged assurance was given to the complainant. It is denied that any estimate of Rs. 22000/- was given by the opposite party. The facts remains that complainant himself came at the shop of Opposite Party and purchased the product for Rs. 17500/- as price of Product at Rs. 200/- and at the time of purchase he paid Rs. 12500/- through cheque and remaining amount of Rs 5200/- is still due towards him and with intention not to make the payment of the said remaining amount, complainant by misusing his profession has filed this false complaint. Remaining facts mentioned in the complaint are also denied and a prayer for dismissal of the complaint with cost was made.
3. In his bid to prove the case, complainant tendered into evidence affidavit Ex.C1 in support of the allegations made in the complaint and also produced copies of documents Ex.C2 to Ex.C18 and closed his evidence.
4. On the other hand, to rebut the evidence of the complainant, the Opposite Parties tendered into evidence the affidavit of Sh.Amarteshwar Singh Ex.OP1 alongwith copy of document Ex.OP2 and closed the evidence on behalf of the Opposite Parties.
5. We have heard the ld.counsel for the parties and have carefully gone through the evidence on record.
6. The complainant has submitted his affidavit Ex.C1 in which he has reiterated the facts as detailed in the complaint and submitted that Opposite Party No.1 through Opposite Party No. 2 approached complainant on call for any requirement of water filter RO System or any other type of water filtration machines; that complainant told Opposite Party No. 2 in regard to his problem of corrosive water/ unclear water in taps of his house connected with water tank & complainant asked Opposite Party No. 2 that if any water filtration machine is there to filter/ treat the corrosive water; that Opposite Party No. 2 fixed appointment with the complainant & send Opposite Party No.3 on 2.5.2016 to see the problem of complainant of corrosive water/ unclear water and provide adequate solution to it; that Opposite Party No.3 inspected the whole water system of house of complainant and led to that the water is contaminated with the particles of black sand & scar which can be filter by special filter named as MGF SAND FILTER comes specifically to sought out this type of water problems. The warranty of two years was also given and assured by Opposite Party No. 3 of the said filter product. Opposite Parties No.2 and 3 assured that the problem will vanish after placing the suggested filter in the name water supply line of water tank and estimate of about rs.22000/- was given by Opposite Party No.3 to the complainant to affix the same. Opposite Party No. 2 also given assurance that if the said filter does not sought out the problem within 7 days of its affixment, the filter will be removed and full refund of payment will be made to the complainant; that on 08/05/2016 opposite party No.2 along with plumber came to the residence of complainant and led to affixment of the said filter and took balance payment via Cheque drawn in favour of Sh Manmeet Singh (opposite party No.2) via cheque No.383375 of Rs.12,500- drawn on South Indian Bank G T Road, Jalandhar The Invoice No 264 08/05/2016 of Rs 17700/- was issued by opposite party No. 1 to complainant against payment of Rs.22000/- being rest payment of Rs.4300/- as fitting transport/carriage & sanitary goods charges for which bill was not provided by opposite party to the complainant; that it was assured to complainant by opposite party No.2 that filter will take minimum 2-3 days to fully vanish the problem and guaranteed that problem will be cleared soon. On 14/05/2016 (after 6 days from date of installation) complainant again contact opposite party No.2 on his mobile no +91-9815443355 & told him that filter affixed by opposite party No.2 is not working & no change has occur in the water quality & still unclear water is coming in taps. The assurance was given by opposite party No.2 to complainant that opposite party No.3 will visit tomorrow to check but no one visited residence of complainant till 18/05/2016; that after many calls by complainant to opposite party No.2 and opposite party No.3, opposite party No. 2 visited residence of complainant on 19/05/2016 along with some official of the company to check the problem. The company official after checking led that this filter is not meant to filter & correct this type of water problem of corrosive water & filter is wrongly affixed/ unfit to solve this type of issue. That opposite party No.2 again assured the complainant that his payment is fully secured & will be refunded within 2 days after the said filter is taken/removed back by their technician. The complainant after wafting for 2 days has led many calls to office of Opposite Party No.1 on various mobile nos. +91-9815443355, 8054462823 & 8146922098 but no response was given by opposite parties to the complainant. That the situation of utter surprise to complainant occur when opposite party No.2 fatly take water filter back & refund return any amount back for the said order and did not pay any he to the genuine request of the complainant.
7. On the other hand, ld.counsel for the Opposite Parties has repelled the aforesaid contentions of the ld.counsel for the complainant on the ground that the complainant purchased Multi grad sand filter product which is installed with the water tank with the incoming water pipe. The product is properly working and even there is no minor fault in the product. Opposite Parties are ready to install the said product with an other tank including the tank of the building of Forum and is ready to get it checked from any other commercial engineer of any other company The real facts are that the sanitary system of the house of the complainant is very old and there is almost rust in the pipes and when water after purifying came from water tank in the pipes the colour of water due to rusty pipes became changed and it is the duty of the complainant to get his sanitary pipes cleaned. The complainant by misusing his post as Advocate threatened the opposite party to get his water pipes cleaned at their costs for which the opposite party is not liable. It is also submitted that the product was sold for Rs.17700/- and complainant has only paid Rs. 12500/- through cheque No 383375 drawn on South Indian Bank, GT Road, Jalandhar and has not made the remaining payment of Rs. 5200/- till date and when the said remaining payment was demanded, complainant filed the present complaint only to wriggle out from his liability of making the remaining payment. That the complainant is estopped by his own act and conduct from filing of the present complaint. That the complaint is an abuse of process of law and as present such the same is liable to be dismissed with heavy costs. On Merits, it is submitted that the complainant told the opposite party in regard to his problem of corrosive water/ unclear water in the taps of his connected with the water tank. It is denied that complainant asked opposite party no 2 that if any water filtration machine is there to filter treat the corrosive water. The product is regarding the sand filter only and not for any other purpose. It is denied that opposite party no 3 inspected the whole water system of house of complainant and led to that the water is contaminated with the particles of black sand and scar which can be filtered by special filter named as MGF Sand Filter comes specifically to sought out this type of water problems. It is denied that warranty of 2 years was also given and assured by the opposite party no 3 as alleged. No warranty was ever given nor any warranty was mentioned in the bill. It is denied that any alleged assurance was given to the complainant. It is denied that any estimate of Rs. 22000/- was given by the opposite party. The facts remains that complainant himself came at the shop of Opposite Party and purchased the product for Rs. 17500/- as price of Product at Rs. 200/- and at the time of purchase he paid Rs. 12500/- through cheque and remaining amount of Rs 5200/- is still due towards him and with intention not to make the payment of the said remaining amount, complainant by misusing his profession has filed this false complaint.
8. It is not the denial of the facts that on 08/05/2016 opposite party No.2 affixed the Multi grad sand filter at the residence of the complainant. The allegation of the complainant is that at the time of fitting of the said filter, it was assured to complainant by opposite party No.2 that filter will take minimum 2-3 days to fully vanish the problem and guaranteed that problem will be cleared soon. On 14/05/2016 (after 6 days from date of installation) complainant again contact opposite party No.2 on his mobile no +91-9815443355 & told him that filter affixed by opposite party No.2 is not working & no change has occur in the water quality & still unclear water is coming in taps. The assurance was given by opposite party No.2 to complainant that opposite party No.3 will visit tomorrow to check but no one visited residence of complainant till 18/05/2016; that after many calls by complainant to opposite party No.2 and opposite party No3, opposite party No. 2 visited residence of complainant on 19/05/2016 along with some official of the company to check the problem. The company official after checking led that this filter is not meant to filter & correct this type of water problem of corrosive water & filter is wrongly affixed/ unfit to solve this type of issue. That opposite party No.2 again assured the complainant that his payment is fully secure & will be refunded within 2 days after the said filter is taken/removed back by their technician. The complainant after wafting for 2 days has led many calls to office of Opposite Party No.1 on various mobile nos. +91-9815443355, 8054462823 & 8146922098 but no response was given by opposite parties to the complainant. That the situation of utter surprise to complainant occur when opposite party No.2 fatly take water filter back & refund return any amount back for the said order and did not pay any heed to the genuine request of the complainant. Perusal of the pleadings and online complaints made by the complainant, it is proved that since the date of its installation, the said filter is not working properly. Otherwise there was no need for the complainant to file the instant complaint by spending huge amount and prestigious time. It is the case of the complainant that he has already made the full payment of Rs.22000/- to the Opposite Parties, but the complainant has failed to prove on record that he has paid the full amount, whereas the payment of Rs.12500/- to the Opposite Parties is admitted fact. In such a situation, we direct the Opposite Parties jointly and severally to replace the water filter in question and install the new filter of same make and model at the residence of the complainant free of cost to the satisfaction of the complainant or in alternative the Opposite Parties are directed to refund the amount of Rs.12,500/- to the complainant alongwith interest @ 9% per annum from the date of payment till its realization. Compliance of this order be made by the Opposite Parties within 30 days from the date of receipt of copy of this order, failing which the complainant shall be at liberty to get the order enforced through the indulgence of this Forum. Opposite Parties are also burdened with costs of Rs.2000/-. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
Announced in Open Forum
Dated: 17.08.2017.
