Punjab

Nawanshahr

CC/18/2018

Ashwani Kumar - Complainant(s)

Versus

Authorised offcer Luminious & others - Opp.Party(s)

SH Chandan Gulati

29 Jan 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SHAHEED BHAGAT SINGH NAGAR

Consumer Complaint No.       :    18 of 2018

Date of Institution                             :    12.04.2018

Date of Decision                     :    29.01.2019

Ashwani Kumar son of Roshan Lal son of Daryai Lal, Resident of House No.40, Lucky Footwear, Kothi Road, Nawanshahr, District SBS Nagar.                                                                                                                                                               ….Complainant

Versus

1.       Authorized Officer, Luminious Water Technologies Pvt. Ltd. Plot No. 221, Udyog Vihar, Phase-1, Gurgaon – 122016.

2.       R.K. Electricals through its Proprietor/Partner, Near Drishti Opticals, Geeta Bhawan Road, Nawanshahr.

          …Opposite Parties

                             Complaint under the Provisions of Consumer Protection Act, 1986

QUORUM:

SH.KULJIT SINGH, PRESIDENT

SH.KANWALJEET SINGH, MEMBER

 

ARGUED BY:

For complainant            :         Sh.Chandan Gulati, Advocate

For OP-1                        :         Sh.Bharat Bhushan, Authorized Rep.

For OP-2                        :         Ex parte

 

ORDER

PER SH. KANWALJEET SINGH, MEMBER

 

1. Complainant filed present complaint under Section 12 of Consumer Protection Act, 1986, by alleging that complainant has purchased RO water Purifier i.e. Livpure envy from OP-2 for Rs.15,000/- vide cash memo dated 18.03.2017 for good health of his family with warranty card.  After installation of RO, complainant comes across many problem due to defects in RO water purifier in terms of taste and functioning of the same.  Complainant has reported the matter several times on Toll free No.1800-419-9399 for fixing the problem but defects were never cured.  On 23.02.2018, notice was served to OPs.  In this way complainant has suffered mentally as well as physically.  Lastly, it is prayed that OPs be directed to change the RO water purifier with new machine and also directed to pay Rs.20,000/- as compensation for loss, damages and agony and Rs.15,000/- as litigation expenses.
2. Upon notice, OP No.1 appeared through authorized Representative and filed written version and submitted that OP-1 is manufacture of the Livpure RO water purifier system.  It is stated that complainant purchased LIVPURE ENVY + RO/Water purifier on 06.03.2017 with the standard warranty of one year i.e. from 06.03.2017 to 05.03.2018.  Warranty terms and conditions are as under:-

1. The liability of the Company is limited to the extent of repair or replacement of any part shown to be defective due to faulty or defective material or workmanship for a period of 12 months from the date of final invoice to customer.
2. Consumables such as sediment filter, carbon filter, reverse osmosis membrane, anti scalant cartridge, UF membrane and post carbon filter which are subject to normal wear & tear in the course of use are not covered under the warranty.
3. Inspection & test report of the Company’s office/service will be treated as final & binding under the warranty for determining defects, repairs/alterations required or carried out, or certifying working of the goods thereafter.
4. Company’s liability under the warranty will be limited only to defect which occur under condition normal operation and under proper use as defined in manual. It excludes defects occurring because of abuse, faulty care or maintenance, repairs/alterations to goods or parts by others.   

3. As per terms and conditions of the warranty, service engineers of the OP regularly paid visits to the place of complainant and serviced the said water Purifier. It is also submitted that complainant has not raised any issue/objection/question on the service being provided by the OPs during warranty period of one year. Complainant has not produced the invoice or cash memo with his complaint.  Complainant has stated that he purchased the said RO on 18.03.2018, which is incorrect. How is it possible that the date of purchase of the said RO i.e. 18.03.2017 is after the date of installation of said RO i.e. 07.03.2017 as the same mentioned on warranty card.  The technicians of OP-1 have closed each and every service call/preventive maintenance as mentioned in job card.  It is also submitted that all the allegations made by complainant in this complaint are totally false, fake & baseless, which are evident from the following facts:-

1. That the complainant, as per his complaint had purchased the RO in question on 06.03.2017 with standard warranty of one year i.e. from 06.03.2017 to 05.03.2018.  As per terms and conditions of warranty, OPs have not only fulfilled all of their commitments by providing services on yearly basis but has also changed the spare parts, as and when required during servicing of the said RO.
2. On 09.03.2017, installation request No.JS177030701478 was made by complainant, which as per contract closed by service Engineer of Ops on 07.03.2017 by servicing the said RO.
3. On 11.04.2017, 1^st preventive maintenance No.JS17041101322 was done by OP, which was closed on 12.04.2017.
4. On 20.07.2017, 2^nd preventive maintenance No. JS17042002111 was done by OP and closed on 25.07.2017.
5. On 12.10.2017, 3^rd preventive maintenance No.JS17101200821 was done by OP and closed on 12.10.2017.
6. On 20.11.2017, 1^st service request No. JS171112002678 was made by complainant and was closed by OPs on 21.11.2017.
7. On 30.01.2018, 4^th Preventive Maintenance No.JS18013000463 was done by OP and was cancelled on request of complainant though technician of OP had visited his residence to service the said RO.  On the aforesaid date the service technician of OP-1 informed him that since the warranty period of one year is going to be expired on 06.03.2018, hence, for availing benefit of preventive maintenance services by OP, it is in the interest of complainant to enter into an AMC/ACMC contract so that the complainant can avail the best services of the OP-1 by only paying once in a year/or two or else, after the expiry of warranty period i.e. 05.03.2018, the complainant has to bear expenses of preventive maintenance services and also cost of the spares, if required.  On hearing this, complainant shouted and used filthy words for the said technician of OP-1 and threatened him of dire consequences and also stated that he will see how the technician of OP-1 will not service the RO in question free of cost after the warranty period. In February, 2018, OP-1 received legal notice dated 23.02.2018 from complainant.  In last, each and every averments of complaint is empathically denied and prayed for dismissal of complaint.      

4. OP-2 has failed to appeared and ultimately proceeded against ex parte vide order dated 17.05.2018.
5. Learned counsel for the complainant has tendered in evidence affidavit of complainant Ex.CW1/A, alongwith photocopies of documents i.e. warranty card Ex.C-1, notice dated 23.02.2018 Ex.C-2, postal receipts of notice Ex.C-3 and closed the evidence. In rebuttal, authorized Representative of OP-1 has tendered his affidavit Ex.OP/A alongwith photocopies of documents i.e. warranty card Ex.OP-1, job card of complainant Ex.OP-2, judgment of National Commission Ex.OP-3, authority letter Ex.OP-4 and closed the evidence.    
6. We have heard the learned counsel for complainant and authorized representative of OP-1 and have also gone through the record carefully.
7. During arguments the contentions of learned counsel for complainant and authorized representative of OP-1 are similar to their respective pleadings, so no need to reiterate the same.   Further, no doubt, it is admitted that water purifier in question was purchased on 07.03.2017 vide warranty card Ex.C-1.  As per Ex.OP-1, it is admitted by OP-1 that water purifier in question having warranty for 12 months from the date of installation/final invoice.  That complainant moved an installation request to OP-1 on 07.03.2017.  As per para No.5 of written statement of OP-1, this fact is crystal clear that installation date of water purifier by OP-1 is 07.03.2017.  After that, for preventive maintenance of RO in question, the technician of OP-1 visited the premises of complainant on different dates as per Ex.OP-2 i.e. 11.04.2017 (closed on 12.04.2017), 20.07.2017 (closed on 25.07.2017) , 12.10.2017 (closed on 12.10.2017).  Technician was also visited to the premises of complainant on 21.11.2017 for service complaint of 20.11.2017.  Further, Preventive maintenance request of dated 30.01.2018 mentioned as cancelled.  Now the main controversy is that whether this complaint filed within warranty period as per terms and conditions of the water purifier in question.  As per Ex.C-1, the installation date of aforesaid RO is 07.03.2017, so date of  warranty period completion is 06.03.2018.  The present complaint in hand has been filed by complainant on 12.04.2018 i.e. after expiry of warranty period. Learned counsel for complainant has placed reliance on citation of Hon’ble State Commission, Punjab, Chandigarh titled as Pal Singh Vs Sant Prem Singh Tractor Traders and another.  The aforesaid citation is with regard to product which is under warranty, so the same is not applicable to this case.  On the other hand, the onus is always on complainant to prove his case that product in question falls under warranty period or not.  From this angel, as per documentary evidence produced on record by complainant, he has miserably failed to prove his case that he is entitled to file the complaint within currency of warranty period.  Moreover, this important issue neither pressed by the complainant nor he produced any cogent evidence to prove his case that the product in question falls under warranty period.
8. Keeping in view the facts and circumstances, the present complaint is dismissed with no order as to costs.            
9. Copies of the order be sent to the parties, as permissible, under the rules.
10. File be indexed and consigned to record room.

Dated:  29.01.2019

 

  

(Kanwaljeet Singh)       (Kuljit Singh)

Member                         President