DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C.C. No. 327/2022

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

                   12.10.2022                                  18.10.2022                               03.08.2023

P R E S E N T                 :-  Smt. Sukla Sengupta…..……….President  

      :-   Smt. Monisha Shaw …………………. Member.

                                          :-   Sri.  Abhijit Basu      …………………. Member.

JUDGMENT

             This complaint is filed by the Complainant U/s 35  of the Consumer Protection Act, 2019 (as amended up to date) alleging deficiency in service as well as unfair trade practice against the OP as the OP did not take any step to redress his grievance till filing of this complaint.

The Complainant Subhas Majumder is stated that based on an advertisement in Google  by J.S. water solution, the Complainant contacted with Mr. Kanishk Singh (it representative) and deal of Rs. 70,000/- for installation of an Iron-Removal plant, 16 x 65 with carbon-filter 16 x 65, HSN Code – 39140020, Invoice No. 09/21-22, dated 24/09/2021, GSTIN: 19CJOPS4492P3ZU from J.S. water solution. The plant was installed on 24/09/2021 and from January 2022 the product has been malfunctioning and supply water with black sediment in every flat of PRASANNA APARTMENT. The problem has been reminded severally to Mr. Kanishk Singh, C.E.O / Owner of the J.S water solution, through his official whatsapp on contact no. 9883850373 and a letter has been sent to his address on 25/05/2022. Mr. Kanishk Singh received advance payment of Rs. 35,000/- as on 21/09/2021 and lastly J.S. water solution received full and final payment of Rs. 70,000/- on 28/09/2021. The J.S. water solution has given 5 years of warranty from 27/09/2021.

The Complainant made several reminder to his official Whatsapp number and by letter for remedy, but in vein. Then, the Complainant lodged this complaint to the Assistant Director, Consumer Affairs and Fair Business Practices (C.A. & F.B.P), Barasat, North 24 Parganas on 20/07/2022. The said office couldn’t be redressed through mediation as the Opposite Party failed to appear on the date of mediation scheduled on 19/09/2022 and subsequently the Complainant intended to move to appropriate Forum.

Having no other alternative, the Complainant lodged this case on 12/10/2022 before this Commission, D.C.D.R.C., Barasat, North 24 Parganas for his proper redressal. It is evident from the record that after receiving the said notice the OPs did not appear before this Commission.                                                                           

Prayer of the Complainants:-

1. Direction to refund Rs. 70,000/- to the Complainant which was received by the C.E.O of J.S. water solution along with compensation of Rs. 20,000/- for harassment.
2. Litigation cost of Rs. 5,000/- may kindly be allowed in favour of the Complainant.
3. Any other relief / reliefs that the Complainant is legally entitled to get.

Contd. To Page No.2. . .

: :  2  : :

C.C. No. 327/2022

Following issued were 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.

Decision with reasons:-

Considering the facts and circumstances as well as nature and character of this case all the points are interlinked to 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 provided by the O.P member with the supporting affidavit and other documents filed by the Complainant.

We have perused the money receipt which was provided by the JS WATER SOLUTIONS ie the O.P and the Complainant paid full amount of Rs.70,000/- with 5 years warranty covers the repair or replacement of the plant if it is not working up to the mark.

The Complainant repeatedly request to solve the problem that the Iron Guard was purchased on 24^th September 2021 and it was malfunctioning from January 2022 and it was within warranty period i.e 5 years warranty but the O.P did not taken any action for resolve it. So it is deficiency in service on the part of the O.P.

On perusal of the materials along with the supporting affidavit related to documents available in the case record as well as hearing of argument by the Ld. Advocate for the Complainant, it is revealed that the Complainant deposited an amount of Rs. 70,000/- to the Ops for rendering in service Here the status of the OPs is service provider and the Complainant being a customer of the OPs is the consumer as per Consumer Protection Act, 2019.

The discussed points bear positive results. As such we are of the view that the Complainant is entitled to receive his deposited amount with interest and he is also entitled to other relief/reliefs and that will be reflected in the ordering portion.

The Complainants are the consumer as per provision of Consumer Protection Act, 2019 as they paid money for purchasing the IRON REMOVAL PLANT 16x65 with CARBON FILTER 16x65, HSN Code: 39140020, Invoice No. 09/21-22 dated 24 Sep 2021, GSTIN 19CJOPS4492p3ZU from J.S. Water Solutions from the O.P and the Opposite Parties are service provider,  therefore, the attitude of Opposite Parties would be treated as deficiency in service on their part.

 The Complainant proved his case and entitled to get the relief prayed for.

 Thus all the points are disposed of accordingly.

 The case is properly stamped.

Hence, for ends of justice:

It is Ordered

That the instant case being no.CC-327/2022 be and the same is allowed exparte against the O.P with cost of Rs.10,000/-.

The O.P is directed to return the money of Rs.70,000/- with 8% interest within 3 months from the date of delivery of judgment which is paid by the Complainant. In default the Complainant is at liberty to put this decree into execution according to law.

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

Dictated & Corrected by

           Member                                                                                                                                        

           Member                                      Member                                  President