Punjab

Faridkot

CC/19/94

Baldev Singh - Complainant(s)

Versus

Proprietor Brij Lal and Sons - Opp.Party(s)

Ashu Mittal

24 Sep 2019

ORDER

 

DISTRICT  CONSUMER  DISPUTES  REDRESSAL  FORUM,  FARIDKOT

 

Complaint No. :          94 of 2019

Date of Institution :    04.04.2019

Date of Decision :      24.09.2019

Baldev Singh aged about 47 years son of Hakam Singh r/o Village Chak Kalyan, Tehsil Kokapura, District Faridkot (Punjab) 151204.

   .....Complainant

Versus

1. Propietor, Brij Lal and sons, Railway Road, Kotkapura, Tehsil Kokapura, District Faridkot.
2. Sintex Plastics Technology Ltd, Kalol ( N Gujarat) 382721 through its MD.

......Ops

Complaint under Section 12 of the

Consumer Protection Act, 1986.

Quorum:     Sh. Ajit Aggarwal, President.

Smt Param Pal Kaur, Member.

Present:       Sh Ashu Mittal, Ld Counsel for complainant,

 Sh Amit Mittal, Ld Counsel for OP-1,

 OP-2 Exparte.

 

ORDER

(Ajit Aggarwal , President)

                                             Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against Ops seeking directions to Ops to refund the cost price of water tank with

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interest and to pay Rs.20,000/- as compensation for mental agony and harassment besides litigation expenses.

2                                             Briefly stated, the case of the complainant is that on assurance of OP-1 regarding good quality of tanks manufactured by OP-2, complainant purchased one water tank of 1000 litres capacity for Rs.8,700/-vide bill no.1088 dated 11.01.2019 of Sintex Company from OP-1. Said tank was having five year guarantee against any kind of defect. Further submitted that on 12.01.2019, complainant filled the said water tank and he was shocked to see that there were cracks in tank and water was leaking from said tank. He immediately approached OP-1 and reported the matter. OP-1 asked him to get registered his complaint on customer care number. Complainant did so and he was given complaint number 020121 by OP-2 and they sent their technician, who after checking the tank told complainant that there were cracks in said tank and it could not be repaired and he gave a mobile number 96542-64237 to complainant to get his water tank replaced. Complainant called upon this number and attendee on the other side asked him to approach OP-1 for replacement of his defective water tank. Complainant approached OP-1 with request to replace the said tank, but despite repeated requests, OP-1 did not replace the same. He also served registered legal notice dt 16.02.2019 to OPs requesting them to replace the said tank, but that also bear no fruit and under compelling circumstances, he had to purchase a new water tank of 2000 litres capacity for Rs.6400/-. Due to deficiency in

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service on behalf of OPs, complainant has to suffer huge harassment and mental agony to him. Complainant has prayed for directions to Ops to refund the cost price of defective tank with interest alongwith compensation and litigation expenses. Hence, the complaint.

3                                                   Ld Counsel for complainant was heard with regard to admission of the complaint and vide order dated 8.04.2019, complaint was admitted and notice was ordered to be issued to the opposite party.

 4                                          OP-1 filed reply taking preliminary objections that complaint in hand is not maintainable in present form as complainant has concealed the material facts from this Forum and has filed a false complaint. Claim lodged by complainant is false and is on wrong facts. It is asserted that complainant approached answering OP on 10.01.2019 and told about breakage of tank which he purchased from some other firm. Answering OP asked him to lodge complaint with Company. Thereafter, on 11.01.2019, complainant purchased good quality of water tank from him and at the time of purchasing and delivering the same, complainant checked the same and kept the same after being satisfied of its condition. There is no defect or fault in tank sold by him, rather complainant wants replacement of his old defective tank which was already broken and which was not purchased by complainant from answering OP. Answering OP has sold new defect free water tank in good condition to complainant and all the allegations levelled by complainant are false, frivolous and

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concocted ones. On merits, OP-1 has reiterated the same pleadings as taken by him in preliminary objections and asserted that there is no deficiency in service on their part and prayed for dismissal of complaint with costs.

5                                          Notice issued to OP-2 through registered cover not received back. Acknowledgment might have been lost in transit. OP-2 deemed to be served but none appeared on behalf of OP-2 on date fixed and after repeated calls till 4.00 p.m., when no body appeared for OP-2 either in person or through counsel, then, vide order dated 20.05.2019, OP-2 was proceeded against exparte.                        

6                                                   Parties were given proper opportunities to lead evidence to prove their respective pleadings. The complainant tendered in evidence his affidavit Ex.C-1 and documents Ex C-2 to 7 and then, closed the evidence.

7                                            Ld Counsel for OP-1 tendered in evidence affidavit of Vinay Bindal Ex OP-1/1 and closed the same on behalf of OP-1.

8                                                                 We have heard the ld counsel for parties and have carefully gone through the evidence and documents placed on record by respective parties.

 

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9                                            After careful observation of the record placed on file and evidence led by parties, it is observed that case of the complainant is that he purchased a water tank worth Rs.8700/-from OP-1 and it was manufactured by OP-2. Just after the day of purchase, when complainant filled the tank with water, he saw the water was leaking from it due cracks in said tank. He immediately reported the matter to OPs, but they did not do anything needful. Now, grievance of complainant is that despite several repeated requests, OPs have failed to replace the same. All this has caused him harassment and he has prayed for accepting the present complaint. In reply,  OP-1 stressed mainly on the point that there is no defect in water tank sold by him. As per OP-1, complainant earlier purchased a water tank which was defective and OP-1 suggested him to approach the company who made the same and thereafter, complainant purchased a water tank from him but now, complainant is seeking replacement for his old defective water tank from them in the garb of new one purchased from him. There is no deficiency in service on the part of OP-1.  OP-2 is exparte and there is no rebuttal from their side.

10                                     To prove his pleadings, ld counsel for complainant has placed on record copy of bill dated 11.01.2019 Ex C-2 that proves the fact that complainant purchased the said water tank from OP-1 on 11.01.2019 for Rs.8,700/-. Ex C-3 is copy of text message dated 12.01.2019 that complainant received from OP-2 in respect of complaint filed by him regarding defect in his water tank. Through Ex C-4 which is

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copy of legal notice dated 16.02.2019 and Ex C-5 and Ex C-6 copies of postal receipts, complainant has tried to prove before the Forum that he made requests to OPs for making replacement of said defective tank, but OPs failed to redress the grievance of complainant. Ex C-7 is copy of bill dated 26.03.2019 that further proves the pleadings of complainant that due to deficiency in service on the part of OPs in not making replacement of said defective water tank, he had to purchase a new water tank for his needs and he spent Rs.6400/-on that new tank. Complainant has produced sufficient and cogent evidence to prove his case and all the documents placed on record by him are authentic and are beyond any doubt. Bare perusal of record of record shows that complainant purchased the said water tank on 11.01.2019 and on very next day i.e on 12.01.2019 when water was filled in it, water started leaking due to cracks.  Message Ex C-3 sent by OP-2 to complainant on his mobile phone clearly reveals the date mentioned over it as 12.01.2019, which itself proves the fact that complainant immediately reported the matter to OP-2. It is observed that there is deficiency in service on the part of OP-2 in not providing effective services upto the satisfaction of complainant by making replacement of said defect water tank. Had OP-2 resolved the issue of replacement of defective water tank in the beginning, complainant would not have filed the present complaint.

11                                            From above discussion, this Forum is of considered opinion that OP-2 have failed to provide effective services

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upto the satisfaction of complainant, which amounts to deficiency in service and trade mal practice on their part. Therefore, complaint in hand is hereby allowed against OP-2. OP-2 is directed to refund the cost price of Rs.8,700/-to complainant with interest at the rate of 7% per anum from the date of filing the present complaint till final realization. OP-2 is further directed to pay Rs.3,000/-to complainant as consolidated compensation for harassment and mental agony suffered by him as well as for litigation expenses. Compliance of this order be made within one month of receipt of the copy of the order, failing which complainant shall be entitled to proceed under Section 25 and 27 of the Consumer Protection Act. OP-1 is mere shopkeeper who sold the said water tank to complainant, but he has no role in replacement of same. Therefore, complaint against OP-1 stands hereby dismissed. Copy of the order be supplied to parties free of cost. File be consigned to the record room.

Announced in open Forum:

Dated: 24.09.2019             

 

 (Param Pal Kaur)                       (Ajit Aggarwal)

                                              Member                             President