Haryana

Kurukshetra

CC/1/2019

Manik Sharma - Complainant(s)

Versus

Dhillon Marbels - Opp.Party(s)

In Person

16 May 2019

ORDER

BEFORE THE  DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KURUKSHETRA.

 

Consumer Complaint no. 01 of 2019.

Date of instt. 02.01.2019. 

                                                                         Date of Decision: 16.05.2019.

 

Manik Sharma aged 32 years son of late Dr. Suresh Sharma, resident of House No.358/5, Majri Mohalla, Shahbad, near old post office, Shahabad, District Kurukshetra. 

                                                                ……….Complainant.      

                        Versus

 

1. Dhillon Marble & Building Material, 31-Partap Mandi, Shahabad Markanda, District Kurukshetra through its Authorized signatory/ Partners/ proprietors.

 

2. Vertex Private Limited, First India Place, Block-A, First Floor, Mehrauli, Gurgaon Road Gurgaon- 122001 (India) through its Managing Director/ Authorized signatory, (2^nd address) “Vertex Private Limited, Shree Hardeo House, Rathore Chowk, Raipur, Chhatisgarh through its Managing Director/ Authorized signatory.”

 

3. Purewell (Strong Bhi, Style Bhi), B.R. Polytech (India) Pvt. Ltd. Corporate Office F-1778, DSIDC Industrial Area, Narela, Delhi 110040 through its Managing Director/ Authorized Signatory.

 

..………Opposite parties.

 

       Complaint under section 12 of Consumer Protection Act.            

 

Before       Smt. Neelam Kashyap, President.    

                Ms. Neelam, Member. 

                Sh. Sunil Mohan Trikha, Member                                          

Present:     Complainant in person.       

 Opposite parties already exparte.

 

           

ORDER

                                                                         

                    This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Manik Sharma against Dhillon Marble & Building Material and others, the opposite parties.

2.             It is stated in the complaint that op no.1 was/is authorized dealer of the ops no.2 and 3 and running its business in the name and style of Dhillon Marble & Building Material at Shahabad Markanda, District Kurukshetra. That complainant had purchased one water tank of vertex company of 1000 liters against the total sale consideration of Rs.5200/- from op no.1 on 22.12.2013 which is manufactured by op no.2. The op no.1 issued the invoice no.5183 to the complainant and also assured that in case of any defect in the said product, they will replace the water tank within the warrantee period of 30 years due to manufacturing defect in it. The op no.1 also issued the warrantee card of op no.3 in this regard. That a week ago, the complainant noticed that there are some cracks in the said water tank automatically due to which the water is flowing from the said water tank and the said cracks in the water tank are due to manufacturing defect of the company. Due to leakage of water from the said tank, the complainant has suffered loss of consumption of electricity units, loss due to damage to the whitewash done by complainant in the room on which the water tank is installed and water wastage. The complainant immediately approached to op no.1 and complained about the manufacturing defect in the said water tank but op no.1 refused to replace the same and also stated that op no.2 has also fled away from Kurukshetra and at the same time, the complainant also came to know that op no.1 has also played fraud, forgery and cheating with the complainant because he has sold the product of vertex company and issued the guarantee/ warrantee card of op no.3 and in this regard, op no.1 replied that both the companies have their tie up and both are same and there is no difference in both the companies. The op no.1 told the complainant that both the ops no.2 and 3 are having no office at Kurukshetra and due to which the product cannot be replaced. It is further averred that it was the basic condition in the guarantee card that in case of repair by any other person, the warrantee shall be void and in that event, the company will not provide any replacement and in compliance of the said term and condition, the complainant has not got repaired the said water tank, but the ops are avoiding their liabilities and are not replacing the water tank. Even the op no.1 refused to give the address of ops no.2 and 3 and complainant has traced the same through internet. Thereafter, the complainant approached the other ops on their toll free numbers but ops no.2 and 3 have also refused to replace the product. That the above said act and conduct on the part of ops amounts to great deficiency in services and unfair trade practices and the ops are harassing the complainant. Hence, this complaint.

3.             Notices were issued to the opposite parties through registered covers but ops have failed to appear before this Forum and therefore, they were proceeded against exparte.

4.             The complainant tendered his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C5.

5.             We have heard complainant and have perused the case file carefully.

6.             The complainant in order to prove his case has furnished his affidavit Ex.CW1/A in which he has reiterated all the averments so set out by him in his complaint. From the copy of cash/ credit memo No.5183 dated 22.12.2013 Ex.C4, it is clear that complainant purchased the water tank in question from opposite party no.1 for a sum of Rs.5200/-. In the cash/ credit memo Ex.C4, the company of the water tank is mentioned as Vertex and from the copy of photograph of water tank Ex.C1 also, it is evident that water tank is of vertex company but the op no.1 supplied the warrantee card of purewell company as is evident from copy of warrantee card Ex.C5 in which two water tank of purewell company have been shown with warrantee of 30 years and 21 years. The copies of photographs of water tank Ex.C1 to Ex.C3 show cracks on the water tank and same is in worst condition and almost broken. It has also come on record that complainant has to purchase a new water tank for a sum of Rs.6001/- as complainant has placed on file copy of tax invoice dated 01.4.2019 as mark A. It seems that op no.1 is indulged in malpractice by giving warrantee card of different company to the customer despite the fact that he sold the water tank of vertex company to the complainant and non replacement of the defective water tank within warrantee period by the ops no.1 and 2 despite requests of the complainant clearly amounts to deficiency in service on their part. Not only this, the ops no.1 and 2 who are dealer and manufactuer of the tank in question have not bothered to appear before this Forum and opted to be proceeded against exparte, therefore, the pleadings and evidence led by complainant against ops no.1 and 2 goes as unrebutted and unchallenged. Though op no.3 also opted to be proceeded against exparte in this case but from the record no liability of op no.3 is made out as the water tank supplied by op no.1 is of vertex company and not of purewell.  

7.             In view of the above, we allow the present complaint qua ops no.1 and 2 and direct the opposite parties no.1 and 2 to refund the amount of Rs.5200/- i.e. price of the water tank alongwith interest @6% per annum from the date of filing of present complaint i.e. 2.1.2019 till actual realization to the complainant within a period of 45 days from the date of receipt of copy of this order. We also direct the ops no.1 and 2 to further pay a sum of Rs.10,000/- as composite compensation for harassment, malpractice and for damage to the whitewash of the room due to leakage of water through water tank in question. Both the ops no.1 and 2 are jointly and severally liable to comply with this order within above said period, failing which the complainant will be at liberty to initiate proceedings under Section 25/27 of the Act against them. A copy of this order be supplied to the parties free of cost.  File be consigned to record-room after due compliance.     

Announced in open Forum:

Dt.: 16.5.2019 

                                                                        (Neelam Kashyap)

                                                                        President.

 

 

(Neelam)           (Sunil Mohan Trikha)        

                Member                     Member