Punjab

Faridkot

CC/18/19

Major Singh - Complainant(s)

Versus

Guru Nanak Sanitations - Opp.Party(s)

lakhbinder Singh Golewala

11 Sep 2019

ORDER

        DISTRICT  CONSUMER  DISPUTES  REDRESSAL  FORUM,  FARIDKOT

 

       C.C. No. :                      19 of 2018

       Date of Institution :        13.02.2018

      Date of Decision :           11.09.2019

Major Singh aged about 72 years, son of Hazura Singh son of Leekal Singh resident of House No.143, Gali No. 2( Left Side), Guru Nanak Colony, Sadiq Road, Opp. Guru Gobind Singh Medical College and Hospital, Faridkot Tehsil and District Farikot.

   .....Complainant

Versus

Guru Nanak Sanitations, Opp Sadguru Hospital, New Cantt Road, Faridkot, Tehsil and District Faridkot through its Proprietors/Partners:

1. Sunil Goyal,
2. Manish Goyal,
3. Kamlesh Kumari wife of Lal Chand, Proprietor Guru Nanak Sanitation, Near New Model School, New Cantt. Road, Faridkot.

   ....Opposite Parties

Complaint under Section 12 of the

                    Consumer Protection Act, 1986.

Quorum:      Sh. Ajit Aggarwal, President.

 Smt Parampal Kaur, Member.

 

Present:        Sh Lakhwinder Singh, Ld Counsel for complainant,

                    Sh Lal Chand Goyal, Ld Counsel for OP-1 and Op-2,

                   Sh Ranjit Singh, Ld Counsel for OP-3.

 

ORDER

(Ajit Aggarwal , President)

 

cc no.-19 of 2018

                                                        Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against Ops for non issuance of bills for purchase of flush seats, flush water tanks, taps, pipes and tiles

and for also directing Ops to pay Rs.20,000/- as compensation for deficiency in service, Rs.20,000/-for trade mal practice, Rs.20,000/-for damages and harassment and Rs.10,000/-as litigation expenses.

2                                          Briefly stated, the case of the complainant is that on assurance and advice of OPs, complainant purchased three flush seats fitted with flush water tanks and other sanitation material like pipes, taps, sinks etc worth Rs. One lac, but OPs did not issue him any bill. Complainant got fitted said seats and water tanks in his wash rooms. He also made purchase of tiles for his newly built house from OPs for Rs.50,000/-, but this time again, OPs did not issue him any bill. it is submitted that after installation and fitting of said seats and tanks but all the excreta was not drained out from said seats properly and it started giving foul smell in washrooms as well as entire house. Complainant brought this matter to the notice of OPs, who assured to replace the said seats alongwith tanks, but did not do anything needful. They kept lingering on the matter on one pretext or the other and finally refused to replace the same, which amounts to deficiency in service and trade mal practice on their part. All this has caused great harassment and mental tension to him. Complainant has prayed for seeking direction to Ops to pay compensation for mental agony and harassment and  litigation expenses besides the main relief. Hence, the complaint.

3                                                The Counsel for complainant was heard with regard to admission of the complaint and vide order dated 13.02.2018, complaint was admitted and notice was ordered to be issued to the opposite parties.

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4                                              OP-1 and 2 filed reply through counsel wherein took preliminary objections that all the allegations of complainant are wrong and incorrect and averred that they are not the proprietors of Guru Nanak Sanitations, rather answering OPs are only employees of said Guru Nanak Sanitations and have no concern with them. OP-1 and 2 have denied that complainant ever visited the Guru Nanak Sanitations for purchasing said seats and tiles. He never approached them for making said purchases, nor he was given any kind of assurance by them regarding quality of seats and tiles. Complainant did not purchase any flush seats, tanks and tiles from them and thus, there is no question of giving any kind of assurance regarding quality of these things to him. He has levelled false allegations against them and there is no deficiency in service on their part and prayed for dismissal of complaint with costs.

5                                                OP-3 filed written statement wherein she has denied all the allegations of complainant being wrong and incorrect and asserted that complainant never visited Guru Nanak Sanitations. Neither any assurance regarding quality of any product was given to complainant nor he ever made any purchases from them. All the articles are sold by them against proper bills and no article is sold without any bill. There is no deficiency in service on their part as complainant did not purchase anything from them. Prayer for dismissal of complaint is made.

6                                                   Parties were given proper opportunities to lead evidence to prove their respective pleadings. Ld Counsel for complainant tendered in evidence affidavit of complainant Ex.C-1 and documents Ex C-2 to 9 and then, closed the evidence.

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7                                                          To controvert the allegations of complainant, ld counsel for OP-1 and OP-2 tendered in evidence affidavit of Sunil Goyal  Ex OP-1 and then, closed the same on behalf of OP-1 and 2. Ld Counsel for OP-3 tendered in evidence affidavit of Kamlesh Kumari Ex OP-2 and also closed the same on behalf of OP-3.

8                                                                  We have heard learned counsel for complainant and have very carefully perused the affidavits & documents placed on the file by complainant as well as OPs.  After careful observation of the record placed on file and evidence led by respective parties, it is observed that case of the complainant is that he purchased three flush seats fitted with flush water tanks and other sanitation material like pipes, taps, sinks etc worth Rs. One lac, from OPs but OPs did not issue him any bill. He got fitted said seats and water tanks in his wash rooms and also purchased tiles for his newly built house from OPs for Rs.50,000/-, but again OPs did not issue him any bill. Grievance of the complainant is that from said seats and tanks, human waste and excreta does not drain out  properly and it has started giving foul smell in washrooms as well as entire house.  Despite repeated requests, OPs have not done anything needful, which amounts to deficiency in service. To controvert he allegations of complainant, ld counsel on behalf of OP-1 and OP-2 have stressed mainly on the point that complainant never visited the Guru Nanak Sanitations for purchasing said seats and tiles. He never approached them for making said purchases, nor he was given any kind of assurance by them regarding quality of seats and tiles. OP-3 also stressed mainly on the point that complainant never visited Guru Nanak Sanitations. They did not assure complainant  regarding quality of any product as he never visited their shop nor he ever made any purchases from them. It is further brought before the Forum

cc no.-19 of 2018

that all the articles are sold by them against proper bills and no article is ever sold without any bill. Complainant has levelled false allegations. All the OPs have specifically denied that complainant paid any visit to them and he never purchased alleged material from them. It is transpired that complainant has failed to prove any documentary evidence that he ever approached OPs for purchase of sanitary articles and tiles as alleged by him. Even he did not disclose the exact dates when he approached OPs for purchase of said sanitary articles. Whereas on the other hand, OPs have specifically denied that they ever sold any such articles to complainant. Even complainant has failed to place on record any proof in respect of payment as alleged to be made by him to OPs for purchase of sanitary articles.

9                                      From the above discussion and keeping in view the pleadings and averments made by respective parties, this Forum is of considered opinion that complainant has failed to prove his case and therefore, complaint in hand is hereby dismissed. However, in peculiar circumstances of the case, there are no orders as to costs. Copy of the order be supplied to parties free of cost. File be consigned to the record room.

Announced in open Forum:

Dated: 11.09.2019

(Parampal Kaur)                 (Ajit Aggarwal)

 Member                              President