Tamil Nadu

North Chennai

16/2014

D.VenkataSubramanian, - Complainant(s)

Versus

Mr.Khivraj, Proprietor, M/s. Fans & appliances, - Opp.Party(s)

M/s. David George

15 Nov 2016

ORDER

                                           Complaint presented on  :  23.01.2014

                                                                     Order pronounced on  15.11.2016

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

        PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

TUESDAY THE 15^th   DAY OF NOVEMBER 2016

 

C.C.NO.16/2014

 

 

 

D.Venkata Subramanian,

Plot No.47, Door No. 1, Kambar Street,

Nilamangai Nagar, Adambakkam,

Chennai – 600 088.

 

                                                                                 ..... Complainant

..Vs..

 

1. Mr.Khivraj Proprietor,

M/s. Fans & Appliances,

No.455, Mint Street,

Sowcarpet, Chennai – 600 079.

 

2. The Managing Director,

M/s. KENT RO SYSTEMS LTD.,

A-2, Sector – 59,

Noida, Uttar Pradesh – 201 309.

 

...Opposite Parties

Date of complaint                                       : 27.01.2014

Counsel for Complainant                           : M/s. David George

Counsel for   1^st & 2^nd opposite parties         : Mr.Amit Jain

 

 

ORDER

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The 1^st Opposite Party is being a distributor of the 2^nd Opposite Party who is manufacturing and marketing the ‘KENT MINERAL RO WATER PURIFIERS’ WITH THE SUFFIXED SLOGAN OF “House of Purity” and both of them together were adopted various marketing strategies to promote the said water purifiers and thus to woo customers to buy and install the said water purifiers for the purpose of drinking water at the home. The 1^st Opposite Party has approached the Complainant herein and offered for the sales of the said water purifier by explaining the features as such it is one of the best purifier available in the country and it can purify the bore water and the Metro water to the standard of drinking water.  The 1^st Opposite Party one more person came to the Complainant’s house with some instruments and started testing the water and recommended the Complainant to go in for the “KENT PEARL RO SYSTEM” which would be costing for Rs.16,000.00/-  inclusive of all taxes. The Complainant has been informed that the said “KENT” water purifiers comes with 1 year warranty for any manufacturing  defects and besides that if the RO/UF Membrane gets clogged  within first six months, it shall be cleaned/repaired/replaced at no extra charges. After the installation of the said water purifier it started giving trouble  within 1 ½ months and hence the Complainant herein registered a Complaint at the customer care of the Opposite Parties but no action was taken by them. Later with repeated reminders by over phone and by visiting directly in person to the 1^st Opposite Party, they came and replaced the so called R.O.Moulding.  Once again the water purifier has started giving problem within 20 days of replacement of the above said part and the Complainant is forced to approach the Opposite Parties from the post to pillar for rectification. However, there was no development. The 1st Opposite Party was stated that their technical people were gone for the Training at the factory and assured that after their arrival the Complaint would be attended properly and so that this kind of repeated problem would not arise in future. Hence, believing in good faith the Complainant was waiting for more than a month. However, nobody has turned up to attend the Complaint till today.  The Opposite Parties were kept vague promises and assurances for not attending the Complaint of the Complainant in order to drag the time and finally the Opposite Parties started using filthy languages and threatened the Complainant that he cannot do anything against them as they are the big corporate company and already they have seen such other persons like the Complainant herein. The “KENT PEARL RO SYSTEM” is not as per the standards as claimed by the Opposite Parties in their advertisements and they were simply adopted the strategy of fetching money from the customers like the Complainant here in and ignore them after the sales even during the period of warranty. Hence the Complainant has sent a Legal Notice dated 18.11.2013 to the 1^st and 2^nd Opposite Parties narrating the incidents and called them to attend the Complaint and pay for the damages caused to the Complainant due to the purchase of the said product of the Opposite Parties. However, the Opposite Parties were deliberately ignored the Legal notice and no action has been taken by them so far. Hence the Complainant filed this Complaint to direct the Opposite Parties to refund the cost of the product   and also to pay a sum of Rs.12,000/- for purchasing of water can from outside and compensation for mental agony with cost of the Complaint.

2. WRITTEN VERSION FILED  BY THE  OPPOSITE PARTIES IN BRIEF:

          1. This Opposite Parties stoutly denies the averments and allegations made in the Complaint and the Complainant is put to strict proof of the same.The  Opposite Parties  is always ready and willing to perform their contractual obligations and duties as and when this Opposite Parties has been contacted or made written request. The Opposite Parties also states that no sooner have they been delivered the notice of this Hon’ble Forum, they have contacted the Complainant here in. But unfortunately the Complainant did refuse stating that the Complainant would get direction from Hon’ble Forum.Even now this respondent is ready and willing to examine and rectify any fault either minor or major if found in the water purifier supplied and delivered to the Complainant. Notwithstanding their case  the Opposite Parties will attend to faults if any in water purifier supplied by them for consideration, this Opposite Parties will contest the case after filling a detailed written  version before the Hon’ble Forum. This Opposite Parties seeks leave of the Hon’ble Forum for a direction to attend to any fault if found in the water purifiers supplied to the Complainant after examining the same at their premises and to rectify the same within reasonable time and thus render justice.

3. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite parties?

          2. Whether the complainant is entitled to any relief? If so to what relief?

 

4. POINT NO:1

          The 2^nd Opposite Party is the manufacturer of “KENT PEARL RO SYSTEM” purifier. The 1^st Opposite Party is the dealer cum seller of the products manufactured by the 2^nd Opposite Party. The Complainant purchased “KENT PEARL RO SYSTEM” on 06.04.2013 for a consideration of Rs.16,000/- under Ex.A1, Ex.A2 is the warranty card for the said product. Ex.A3 is the proof for payment of Rs.16,000/- to the 1^st Opposite Party.

          5. According to the Complainant the 1^st Opposite Party person came to the Complainant house and tested the water and recommended to by their “KENT PEARL RO SYSTEM” and after installation within 1 ½ month the product  started giving trouble and hence the Complainant registered a Complaint with the customer  care of the Opposite Parties  and repeated reminders over phone, the 1^st Opposite Party person came and replaced RO moulding in the product and again the product started giving trouble within 20 days of replacement of the said part  and the Complainant again approached the 1^st Opposite Party and inturn he informed that the technical person gone for training  and after their return they will come and attend and however none attended the problem and the Complainant is unable to use  the product  and the product is kept ideal without any use.

          6. The Opposite Party would contend that nearly seven occasions they have attended the problem and they have also changed RO membrane, Iron remover, filter ball valve and big tube at free of cost. Hence as such there is no defect in the product and the performance of the water purifier depends upon the maintenance of  over head water tank and cleanliness of  water and every machine   filtering 15 litres of water an hour and 75 litres per day and excess usage will lead to deteriation  of the quality of  water. Therefore in such circumstances the Complainant only to abuse the process the law she has filed the Complaint and prays to dismiss the same.

          7. The Complainant specifically pleaded in the Complaint that the 1^st Opposite Party person came to his house with some technician and tested the water and recommended the Complainant to go in for the “KENT PEARL RO SYSTEM”  and thereafter the Complainant purchased  the same. This fact was not denied by the Opposite Parties in their written version. Therefore Complainant proved that only the 1^st Opposite Party person after testing the water and on his recommendation only purchased the product establishes that the water available in the Complainant’s house is suitable for the use in the Opposite Parties product. In such circumstance, now the stand of the 1^st Opposite Party in his written arguments that ground water level contents, saltiness of water mineral contents and depending on locality where machine is fixed will also lead to variation in performance of machine cannot be accepted in this case, since the 1^st Opposite Party had already recommended the Complainant water in the house is suitable to install RO system.

          8. On the Complaint of the Complainant the Opposite Party attended the problem has been accepted by them. The 2^nd Opposite Party has stated in his proof affidavit that seven times they have attended the Complainant’s product water flowing slowly, taste changed and iron remover problem etc. While attending those problem four times RO membrane changed and lastly pre-filter + iron remover filter + ball valve + big tube installed.

          9. According to the 2^nd Opposite Party the RO membrane changed in July 2013 and twice in the month of August 2013 and other problems also attended. When the 1^st Opposite Party after testing the water, frequently changed RO membrane establishes that the product is not working properly and further to remove iron filter was installed. After testing the water the Complainant has purchased the product and after that iron remover problem arisen in the product cannot be accepted. All the defects attended by the Opposite Parties leads to an irresistible conclusion that the product is a defective one and that is why they have frequently attended the problem. Therefore considering the forgoing discussions clearly establishes that the product manufactured by the 2^nd Opposite Party and sold by the 1^st Opposite Party to the Complainant is the defective one and further they have not rectified the product in a working condition and therefore we hold that the Opposite Parties sold only a defective product to the Complainant and thereby committed Deficiency in Service.

10. POINT NO:2

           The product purchased by the Complainant for a valuable consideration of Rs.16,000/- and since the product is a defective one, the Complainant is entitled for refund of the cost of the product of Rs.16,000/- from the Opposite Parties.  Since the product is a defective one, the Complainant and his family members   suffered with mental agony is accepted and for the same it would be appropriate to order  a sum of Rs.10,000/- towards compensation for mental agony. The Complainant also claimed a sum of Rs.12,000/- for  purchase of water can from outside. No bills produced by the Complainant for purchase of water from outside and therefore for purchasing water the Complainant is not entitled for any amount from the Opposite Parties. It would be appropriate to order that the Opposite Parties shall pay a sum of Rs.5,000/- towards litigation expenses. The Complainant is entitled for relief as indicated above and the other reliefs sought in the Complaint are liable to be rejected.

In the result the Complaint is partly allowed. The Opposite Parties 1 & 2  jointly or severally are ordered to refund the cost of  the product Rs.16,000/- (Rupees sixteen thousand   only) to the Complainant and also to pay a sum of Rs.10,000/- (Rupees ten thousand only) towards compensation for mental agony,  besides a sum of Rs.5,000/- (Rupees five thousand only) towards litigation expenses.   

          The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of payment.  The Complaint in respect of the other relief is dismissed.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 15^th  day of November  2016.

 

MEMBER – II                                                               PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 06.04.2013                   Bill copy for Rs.16,000.00

Ex.A2 dated 06.04.2013                   Warranty Card Copy

Ex.A3 dated 09.04.2013                   Pass Book entry showing the payment made to the

                                                   1^st Opposite Party

 

Ex.A4 dated 19.08.2013                   Complaint E-mail letter copy sent to respondents

 

Ex.A5 dated 22.08.2013                   Complaint E-mail letter copy sent to respondents

 

Ex.A6 dated NIL                     Photo of the product which kept aside as it is in

                                                    Unusable condition

 

Ex.A7 dated 08.11.2013                   Legal Notice copy sent to Opposite Parties

 

Ex.A8 dated NIL                     Acknowledgement copy received from 1^st

                                                    Opposite Party

 

LIST OF DOCUMENTS FILED BY THE  OPPOSITE PARTIES:

                                      …… NIL …….

MEMBER – II                                                               PRESIDENT