Tamil Nadu

South Chennai

CC/254/2015

M/s.R.Ramesh - Complainant(s)

Versus

Managing Director, M/s.Process Pumps (i) Pvt Ltd., - Opp.Party(s)

R.Poornima

07 Sep 2022

ORDER

Date of Complaint Filed : 20.04.2015

Date of Reservation      : 11.08.2022

Date of Order               : 07.09.2022

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:    TMT. B. JIJAA, M.L.,                                           : PRESIDENT

                       THIRU. T.R. SIVAKUMHAR, B.A., B.L.,           :  MEMBER  I 

                       THIRU. S. NANDAGOPALAN., B.Sc., MBA.,   : MEMBER II

 

CONSUMER COMPLAINT No.254 /2015

WEDNESDAY, THE 7^th DAY OF SEPTEMBER 2022

 

Mr.R.Ramesh,

Omega Enviro Power Systems,

No.22,AnupamFlats, L&T Colony,

Manapakkam,

Chennai-600116.                                                             ... Complainant                 

 

..Vs..

1.Managing Director,

   M/s Process Pumps (I) Pvt Ltd,

   Plot No.86,111 phase,Peenyalndl Estate,

   Bangalore 560 058.

 

2.Branch Manager,

   M/s Process Pums(I) Pvt Ltd.,

   Flat No A-1,Ground Floor,

   Silver Park Apartments,

   No.24 Thanikachalam Road,

   T.Nagar,Chennai-600 017.                                         ...  Opposite Parties

 

******

Counsel for the Complainant          : M/s. R. Poornima

Counsel for the 1^st Opposite Party   : Exparte

Counsel for the 2^nd Opposite Party   : M/s. P. Senthi Kumar

 

        On perusal of records and having treated the written arguments of the Complainant as oral arguments on endorsement made by the Complainant, we delivered the following:

 

 

ORDER

Pronounced by Member-I, Thiru. T.R. Sivakumhar., B.A., B.L.,

1.      The Complainant has filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 and prays to refund the cost of the Vertical Gland less pump of Rs.25,314/- along with 18%  and to pay a sum of Rs.1,00,000/- towards the physical strain and mental agony along with cost of Rs.5000/-.     

2.     The averments of Complaint in brief are as follows:-

On 12.12.2014, the Complainant had  purchased two Vertical glandless pump and received on 30.12.2014, SI. No's V14L13P & V14L 14P rating 7.5HP 2900 rpm.415V pump for their wet type flue gas scrubber application manufactured by 1^st Opposite Party from the Branch office of 2^nd Opposite Party, vide Invoice No391 dated 12.12.2014. One of the pump after installed at their system on 12.03.2015 the pump makes noise and vibration and the matter was immediately reported to 2^nd Opposite Party. It was attended by their service person and temporarily arrested the noise and vibration. A email copy of the Service complaint is furnished. The pump was run after rectification on 12.03.2015 tested and running 10 minutes without any problem. That the water pump was put in to regular use on 21.03.2015. It was running hardly for 5 minutes, then the pump was again making abrupt noise and vibration.  On the same day immediately reported the matter to 2^nd Opposite Party and also complained to 2^nd Opposite Party a Copy of the email correspondences is furnished. As per the advice of 1^st Opposite Party the defective pump was again repeatedly attended by their Service engineer's on many times till April 13^th 2015. There was inordinate delay in rectifying the defect by 1^st and 2^nd Opposite Parties. Due to continuous defect he requested them to replace the pump and supply the new one, because some manufacturing defect occurred in the existing pump. The 1^st Opposite Party did not bother to honour the directive of 2^nd Opposite Party and till date the Complainant is suffering due to non-replacement of new pump. Then even after several email & telephone complaints to Opposite Parties  no action was taken by them for replacing the defective pump by the opposite party. Hence the complaint.

3. Written Version filed by the Opposite Party in brief is as follows:-

        The 1^st Opposite Party had supplied two pumps only to the complainant in December 2014. That any pump needs to be coupled with a motor for it to be put to use and the motor was not supplied by 1^st Opposite Party, and the coupling of the motor with the pump was also done by the complainant. The complainant never used the pump for their own use, but had supplied to Sun Network as part of some equipment and hence the identity of the item is lost when it was coupled with a motor and supplied to a purchaser. The  complainant, had suppressed the fact that it was sold to sun Net work as part of the equipment and the complaint gives the impression that the complainant is only using the pump which is wrong but has been deceptively used to bring under the consumer protection act. That section 2 (d) of the Consumer Protection act defines consumer and specifically says does not include a person who obtains such goods for resale or for any commercial purpose. That the complainant had purchased the pumps for supply to Sun Net Work as part of some equipment and hence is not covered under the definition of consumer. When the Complainant is not a consumer as per the Provisions of the Consumer Protection Act, the complaint filed is not maintainable. Hence prayed the complaint is to be dismissed.

4.     The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents Ex.A-1 to Ex.A-    6  were marked. The 2^nd Opposite Party submitted his written version and written arguments of 2^nd Opposite Party was closed and no documents was marked.

5.    The 1^st Opposite Party did not appear before this Commission even after sufficient notice and remained set exparte.

Points for Consideration

1. Whether the complainant is a consumer as defined under section 2(1)(d) of consumer protection Act and the complainant filed falls under the preview of protection Act?

2. Whether the opposite parties committed deficiency of service?

3. Whether the complainant is entitled for relief claimed in the complainant and/or for any other relief/s?

Point No:1 and 2:-

On careful reading of the complainant and exhibit marked in support of the complainant as well as the written version filed by the 2^nd opposite party it is an undisputed fact that the complainant had purchased P-3 model Vertical Gland less pump  UHMWPE AS Moc Pump SL NO.V14L13P, 14P from the 1^st Opposite party, as evidenced from Ex-A-1, Invoice dated 12.12.2014. From Ex.A-2 the offer dated 25.11.2014, wherein the offers were made by the 2^nd Opposite party on behalf of 1^st Opposite party and the offers were made based on the selection of the complainant.  From Ex A-3, the exchange of e-Mail communications between the complainant and the Opposite parties, wherein by e-Mail dated 21.03.2015 the complainant had mentioned that “ we purchased vertical glandless pump from you on January 2015 for one scrubber supplied to one client M/s Sun TV network Ltd., Chennai”, would clearly shown that the complainant had purchased the above said product from the Opposite parties, to be used for the equipment mentioned above which amounts to commercial purpose and not for the personal purpose of the complainant and also the purchase made by the complainant amounts to resale, as admitted by the complainant that the said models purchased for the scrubber supplied to their client, section 2(1)(d) defines a consumer as follows:

(d) “consumer” means any person who,—

(i)  buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or

(ii) ¹² [hires or avails of] any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who ¹² [hires or avails of] the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person ¹³ [but does not include a person who avails of such services for any commercial purpose];

Hence, we told that the complainant is not a consumer and the complaint filed by the complainant  does not fall under the purview of the  Consumer Protection Act. Therefore we are of the considered view of that the complainant is not a consumer.

As the purchase made by the Complainant falls under commercial purpose, since the Complainant is not a consumer,  the complainant cannot attribute any deficiency of service against the Opposite parties before this Commission. Accordingly, point Nos.1 & 2 are answered.

Point No.3 :-

As discussed and decided point No.3 against the complainant, the complainant is not entitled for the reliefs claimed in the complaint and also not entitled for any other relief/s. Accordingly point No 3 is answered.

 

In the result the complaint is Dismissed. No costs.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 7^th of September 2022.

  

S. NANDAGOPALAN               T.R. SIVAKUMHAR                  B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT

 List of documents filed on the side of the Complainant:-

Ex.A1	-	Copy of Process Pumps Pvt Ltd invoice copy
Ex.A2	-	Copy of letter issued by Process Pumps (I) Pvt Ltd
Ex.A3	-	Copy of Email communications & Letter to the supplier
Ex.A4	-	Copy of all flow pumps and Engineers
Ex.A5	-	Copy of Process Pumps (I) Pvt Ltd company catalogue
Ex.A6	-	Copy of Process Pump Pvt Ltd delivery challan to the client

 

List of documents filed on the side of the Opposite Parties:-

 

NIL

 

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                    B.JIJAA

         MEMBER II                       MEMBER I                         PRESIDENT