DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C.C. No.  320/2022

Date of Filing:-                        Date of Admission:-                     Date of Disposal:-

           191.09.2023                                  18.10.2023                           19.09 2023

P R E S E N T                       .

:- Smt. Monisha Shaw.…………… Member.

:- Sri.  Abhijit Basu………………. Member.

JUDGMENT/FINAL ORDER

This complaint filed by the complainant u/s 35 of the Consumer Protection Act,2019 alleging deficiency in service as well as unfair trade practice against O.P.

The brief facts of the case is on an advertisement in google by  J.S. Water Solution, the complainant contacted with Mr.Kanishk Singh (it representative). The said Kanishk Singh agreed for cost and installation charge of Rs. 21,000/- over telephone conversation. The said Rs. 21,000/- was for total cost of installation of an Iran Removal plant 10x 54 HSN Code No. 39140020 with carbon filter 11x54 including installation charge. The complainant purchased the said Iron Removal plant 10x54 with carbon filter 10x54,HSN code 39140020 for Rs. 21,000/-opposite party issued invoice receipt being No. 13/21-22 dated 3^rd October 2021 GSTIN 19CJOPS 4492 P3ZU from said JS water Solutions 97/A, B.T. Road Flat No.503, Kolkata-70090 and also at 60, B.T.Road, Kolkata 70002 for the same. The J.L. Water Solutions issued warranty certificate for Five years for the model IRF 10x54((RF). In warranty certificate it revealed that ‘the warranty covers the repair or replacement of the plant if it is not working up to the mark’. The O.P issued money receipt on 03.10.2021at the time of installation of plant. The plant was installed on 03.10.2021and since the month of November , 2021the said product has been malfunctioning with filtered ingredients being washed out as a result of which water with black sediments come into circulation in all pipes of the house of complainant. The said problem had been repeatedly reminded to Mr. Kanishk Singh i.e. O.P, C.E.O. /owner/ proprietor of J.S water solutions to his official whatsapp vide contact No. 9883850373 on several dates but in vain.

Compelling circumstances complainant sent notice on 10.06.22 regarding the defect to the opposite party but in vain. Compelling circumstances complainant lodged a complaint before Assistant Director, Consumer Affairs and fair business practice (C.A & F.B.P), Barasat, North 24 Parganas but the office could not be rendered through mediation

Contd/-2

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C.C. No.  320/2022

scheduled on 22.08.2022 due to non cooperation of O.P and subsequently the complainant intended to move to appropriate Forum. Compelling circumstances and having no other alternative complainant lodged this case before this commission, DCDRC, Barasat, North 24 Parganas for his proper redressal. It is evident from record that after receiving the notice issued by this commission O.P did not feel any urge to appear before this commission and did not appear before this commission even after receiving the notice issued by this commission.

Following issues are framed for the purpose of decision

1. whether the complaint is maintainable or not?
2. whether the complainant is entitled to get relief/ reliefs in this case or not?

Decision with reasons

            Considering the facts and circumstances as well as nature and character of the case all the points are interlinked with each other and as such all the points are taken up together for consideration for the sake of brevity and convenience.

            We have perused the complaint with affidavit filed by the complainant. We have perused the copy of the money receipt along with copy which was issued by the O.P members and all other documents filed by the complainant.

            We have perused the money receipt which was provided by the JS water solutions i.e. the opposite party. The complainant paid full consideration amount for the plaint of Rs.21,000/. The opposite party assured 5 years warranty for said iron Removal Plant 10x54 HSN Code : 39140020 vide invoice or 13/21-22dt. 3^rd October, 2021. GSTIN 19CJOPS4492P3ZU from J.S Water Solutions represented by Mr. Kanishk Singh. The O.P issued computerized money receipt for the said plant and issued warranty certificate No.1483862 dated 03.10.2012. About November, 2021 the said plant /product has been malfunctioning with filtered ingredients being washed out as a result of which water with black sediment came into circulation in all pipes of the house of complainant and the said problem informed to the complainant over telephone and thereafter through whatsapp from 17/01/2022 and other dates but in vain thereafter complaint sent letter to the opposite party but in vain. Compelling circumstances complainant filed applications before consumer affairsa. The Ld. A.D. of Consumer Affairs was also failed the mediation. Thereafter complainant filed this complaint before this commission. Notice was served upon opposite party but the O.P did not feel any urge to appear before this commission and O.P did not file any written version. The allegations of the complainant proved the case and it entitled to get decree in his favour. In the instant case complainant is a consumer as he paid the money for installation of said plant and opposite party is service provider as O.P installed the said plant with 5 years warranty. O.P issued warranty card for5 years warranty. O.P issued warrantee 5 years i.e. from 03.10.2021 02.15.2026 but the plant malfunctioning from November, 2021 which is within warranty period. But the O.P failed and neglected to provide his service, which would be treated as deficiency in service as per Consumer Pro6tection Act.Moreover the articles of plaant which installed by the O.P was not in proper as per advertise made in Google which would be treated as unfair trade practice. This case is within the territorial and pecuniary jurisdiction of this commission as such this commission has ample power to try this case.

            As discussed points above the positive result is on behalf of the complainant and / or the complainant proves his case as such he entitled to get relief as prayed for. Thus all the points are disposed accordingly.

Contd/-3

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C.C. No.  320/2022

            Hence,

            it is ordered,

            that the instant case being No. CC. 320/2022 be and the same is allowed exparte against the O.P with cost of Rs. 8,000.

            The opposite party is directed to return the consideration money of Rs. 21,000/- with 8% interest within two months from the date of delivery of this judgment which was paid by the complainant and return back the said machineries which installed by the O.P. In default the complainant is at liberty to put this decree into execution case as per law.

            Let plain copy of this order be given to the parties free of cost as per CPR, 2005.

Dictated and Corrected by me

Member

            Member                                             Member