Present         (1)     Nisha Nath Ojha,   

                              District & Sessions Judge (Retd.)                                                                                         President

                    (2)     Smt. Karishma Mandal,

                              Member

Date of Order : 31.10.2016

                    Nisha Nath Ojha

1. In the instant case the Complainant has sought for following reliefs against the Opposite party:-

1. To direct the opposite parties to pay Rs. 4,00,000/- ( Rs. Four Lakh only ) as consolidated cost for economic, mental agony and compensation and litigation costs.

2. The facts of this case lies in a narrow compass which is as follows:-

The complainant has asserted that he has purchased boring pipes 4 ½ x 2 upto 240 ft., filter, compressor etc. from shop of opposite party no. 1 after paying Rs. 19,652/- and thereafter opposite party no. 1 issued a guarantee card as will appear from annexure – 2 and 3. After purchasing the aforesaid items the boring work was completed by opposite party no. 2 for which the complainant has paid Rs. 17,000/- vide annexure – 1. The complainant has further asserted that after the boring work was finished by opposite party no. 2, the complainant has also purchased a submersible motor worth of Rs. 15,800/- but when the water was pumped out it was detected that the water was full of mud. The complainant thereafter complained the opposite party no. 1 who assured that after some time the complainant will get clear water. When the mudy water continued to flow more than 15days then the complainant complained opposite party no. 1 who advised him to wait for some time as the stock was not in his shop and when new stock of pipes etc will arrive then the same will be changed. When the grievance of the complainant was not redressed then his submersible motor got burnt due to mudy water. Thereafter, the motor was repaired after paying Rs. 2,300/- to opposite party no. 3 as will appear from annexure – 4.

It is the further case of the complainant that when opposite party no. 1 did not take any action and the family of the complainant was compelled to drink filthy water from the boring, then the complainant’s brother Akhilesh Kumar became infected with Jaundice and his life could be saved after prolong treatment as will appear from annexure – 5 and 6.

As the complainant is a small business person hence his entire business was affected due to which he was compelled to take Rs. 2,00,000/- from his relatives. The boring was again repaired by opposite party no. 3 at the cost of Rs. 2,500/- and when the boring was tested by opposite party no. 3 he found that the pipe was broken at the distance of 42 ft. and the entire pipe was defective due to which mud water was being pumped by motor. This fact is crystal clear from annexure – 7 and 8. Lastly the opposite party no. 1 refused to change the pipe and abused the complainant when he came to his shop for redressal of his grievance.

On behalf of opposite party no. 1 a written statement has been filed stating therein that complainant has not purchased the aforesaid items from his shop and as such his cash memo is forged. It has been also stated that there is neither signature nor stamp of the manager of the company on the guarantee card. In Para – 5 it has been stated that the estimate filed in this Forum is forged. It appears from Para – 9, 10, 11 and 12 of the written statement that all the allegations labelled by the complainant has been denied by opposite party no. 1.

On behalf of opposite party no. 2 a written statement has been filed. In Para – 4 and 5 of written statement opposite party no. 2 has admitted that he has done the boring work of complainant and the aforesaid pipe etc. was purchased from the shop of opposite part no. 1.

It has been also asserted by opposite party no. 2 that while completing the boring work he had informed the complainant about the bad quality of pipe. Opposite party no. 2 has asserted that he had found that the aforesaid pipe was not upto mark. He has also admitted that when he informed the complainant about the quality of pipe then the complainant had talked to opposite party no. 1 in his presence who informed him that he ( opposite party no. 2 ) is misguiding the complainant. At that time opposite no. 1 had assured that if there would be any defect in future then he will change the pipe.

On behalf of opposite no. 3 a written statement has been filed admitting the fact that the submersible motor got burnt due to filthy water and the brother of the complainant is suffering from Jaundice due to mudy water. In Para – 6 and 7 he has admitted that when he checked the boring later on he found that the same was defective and broken at the point of 42 ft.

It is surprising that opposite party no. 1 has filed rejoinder of the fact asserted by opposite party no. 2 and 3. Opposite party no. 1 has asserted that written statement on behalf of opposite party no. 2 and 3 has been filed at the cost of the complainant himself in order to implicate opposite party no. 1 in this case. Opposite party no. 1 has further asserted that the fact asserted by opposite party no. 2 and 3 in their written statement are not correct.

We have briefly narrated the facts asserted by the parties in the foregoing paragraphs.

It is the case of the complainant that he has purchased the boring pipe etc. from the shop of opposite party no. 1 after paying the price of Rs. 19,652/- for which a guarantee card was also issued ( vide annexure – 2 and 3 ).

From annexure – 1 it transpires that work of boring was done by opposite party no. 2. Opposite party no. 2 in his written statement had admitted the fact that at the time of doing boring work he had informed the complainant about the inferior quality of pipe and thereafter the complainant had talked to opposite party no. 1 in his presence. Thereafter the opposite party no. 1informed the complainant that the opposite party no. 2 was misguiding the complainant. Opposite party no. 3 has also supported the case of the complainant that he had repaired the motor and checked the boring at the request of the complainant and found that the pipe was broken and of inferior quality due to which the mud was being sucked by the pump with water causing damage to the motor.

The opposite party no. 1 has stated that written statement of opposite party no. 2 and 3 have been filed at the cost of the complainant in order to saddle him with all liabilities. In rejoinder, opposite party no. 1 has asserted that allegation labelled upon him is not correct.

It is needless to say that except blank denial by opposite party no. 1, the opposite party no. 1 has not filed a chit of paper showing any enimity with opposite party no. 2 and 3.

In our opinion opposite party no. 2 and 3 are independent persons who had filed written statement as per direction of this forum and there is nothing on the record to show that opposite party no. 2 and 3 has filed written statement at the cost of complainant in order to make opposite party no. 1 liable for supplying inferior quality of pipe etc. and issuing fake guarantee card.

In our opinion, the aforesaid facts clearly prove deficiency on the part of opposite party no. 1, In view of the facts stated above, we direct the opposite party no. 1 to return the price of said items ( vide annexure – 2 ) i.e. Rs. 19,652/- as well the cost of boring i.e. Rs. 17,000/- (vide annexure – 1) to the complainant within the period of two months from the date of receipt of this order or certified copy of this order failing which the opposite party no. 1 will have to pay an interest @ 10% on the amount of Rs. 19,652/- + Rs. 17,000/- till its final payment.

Opposite party no. 1 is further directed to pay Rs. 20,000/- ( Rs. Twenty Thousand only ) to the complainant by way of compensation and litigation costs within the period of two months.

So far boring pipe etc. is concerned as the same was bored in the year 2007 the same might have been destroyed hence we are not passing any order with regard to return of the same.

Accordingly this complaint petition stands allowed to the extent referred above.

                             Member                                                                              President