PER:
Charanjit Singh, President
1 The complainant has filed the present complaint by invoking the provisions of Consumer Protection Act under Section 34, 35 and 36 against the opposite parties on the allegations that the opposite parties are doing the business of selling Glass, Fiber sheets and all other articles which are being used for decoration and necessity of House. In the month of June 2019, the complainant approached opposite parties and purchased fiber sheet and other articles i.e. Glass for affixing/ installing the same in his newly constructed house situated at house No. 5B, Pyramid City, Sultanwind Link Road Amritsar. The complainant has purchased glass and fiber sheet etc. from the opposite parties and paid huge amount to the opposite parties. The complainant has purchased Fiber Sheet for his outer gate of the house and paid Rs. 29,440/- in total for fiber sheet, installation charges, type, silicone etc. which is quite clear from the receipt which is given by the opposite parties by writing with their own hands. The opposite parties have issued receipts and sometimes they have not issued receipts regarding the payment. For installation and affixation of the fiber sheet on the gate, the opposite parties have received total Rs. 29,440/- from the complainant in part. At the time of purchasing the above said Fiber sheet, the opposite parties have assured the complainant that the colour of the fiber sheet not be faded and it will remain as its for the whole life. The opposite parties assured the complainant that it will not be damaged for the whole time. The opposite parties have given assurance/ guarantee of the above said product/ fiber sheet in the presence of Gurwinder Singh Virdi son of Surjit Singh resident of Patti, Tehsil Patti, District Tarn Taran. Now in the month of May 2023 the fiber sheet affixed upon the outer gate of the complainant has faded and colour of the same has been faded which is quite clear from the photographs of back side and front side of the gate. The complainant has approached the opposite parties many a times to replace the fiber sheet and to return the price of fiber sheet to the complainant but the opposite parties are putting off the mater under one pretext or the other and have finally refused to accept the request of the complainant and prayed the following relieves:-
- To return Rs. 29,440/- to the complainant i.e. price, labour charges etc. of the above said fiber sheet.
- To pay Rs. 50,000/- as compensation and damages on account of mental harassment,
- To pay Rs. 25,000/- as litigation expenses to the complainant.
Alongwith the complainant, the complainant has placed on record his self attested affidavit Ex. C-1, Self attested affidavit of Gurwinder Singh Virdi Ex. C-2, Self attested copy of detail/ Kacha receipt of Rs. 29440/- Ex. C-3, Self attested copy of Kacha Receipt for Rs. 51338/- with receiving of Rs. 20000/- on the same Ex. C-4, Self attested copy of receipt No. 285 dated 1.7.2019 regarding payment of Rs. 10000/- Ex. C-5, Self attested copy of receipt No. 551 dated 15.11.2019 for Rs. 5000/- Ex. C-6, Self attested copy of Receipt No. 336 dated 25.7.2019 for rs. 10000/- Ex. C-7, Self attested copy of Receipt No. 460 dated 7.10.2019 for Rs. 8000/- Ex. C-8, Self attested copy of receipt No. 263 dated 18.6.2019 for Rs. 10000/- Ex. C-9, Self attested copy of Receipt No. 238 dated 5.6.2019 for Rs. 5000/- Ex. C-10, Self attested copy of the receipt No. 300 dated 8.7.2019 for Rs. 10000 Ex. C-11, Photograph of Gate from inner side Ex. C-12, Photograph of Gate from front side Ex. C-13.
2 Notice of this complaint was sent to the opposite parties and opposite parties appeared through counsel and filed written version by interalia pleadings that the grievance of the complainant qua the opposite party is that he allegedly purchased Fiber sheets etc. from the opposite party in the month of June, 2019 and paid Rs. 29,440/- including installation charges for the same and that despite assurance by the opposite party to him as regards discoloration of the material, the color of said fiber sheets got faded in the month of May, 2023 and that when he raised protest about that, the opposite party refused to replace the fiber sheets and to return the price thereon. In this regards, it is submitted that the complainant might have purchased goods/ material vide payment receipts (C-3 to C-11) but he has intentionally not enclosed the original bills thereof rather has enclosed a forged rough estimate Ex. C-3 which has never been issued to him by the opposite party. Since the matter pertains to the year 2019 and the payment receipts Ex. C-3 to Ex. C-11 do not reflect or demonstrate the purpose of payment to the opposite party by the complainant, without seeing the original bills/ guarantee as regards colour of the alleged fiber sheets, it is vehemently denied that the opposite party ever sold fiber sheets with guarantee of discolouration, to the complainant or even gave him guarantee as regards the fading of colour thereof. The opposite party is not a manufacturer of the fiber sheets and he is only a trader of glass and decorative material, therefore, the responsibility of the goods/ articles if allegedly purchased by the complainant from the opposite party, is that of the company concerned and onus to show the make and marka thereof by way of original Bills, is upon complainant so as to establish the responsibility as regards the deficiency in service. There is no deficiency in service on the part of the opposite party towards the complainant. The complainant has intentionally concealed the original bills being produced alongwith the complaint to prove the alleged purchase/ guarantee of fiber sheets from the opposite party and rather filed a forged rough estimate to harass the opposite party. The respondent is not a manufacturer of the fiber sheets and thus is not responsible as regards the discolouration thereof. Complaint of the complainant is false and has been filed with malafide intention to harass and to extort money from the opposite party and same may kindly be dismissed with costs.
3 The complainant has filed rejoinder to the written version filed by the opposite parties and denied all the pleas taken in the written version and reiterated the stand as taken in the complaint.
4 We have heard the Ld. Counsel for the complainant and have carefully gone through the record.
5 Ld. Counsel for the complainant contended that the opposite parties are doing the business of selling Glass, Fiber sheets and all other articles which are being used for decoration and necessity of House. In the month of June 2019, the complainant approached opposite parties and purchased fiber sheet and other articles i.e. Glass for affixing/ installing the same in his newly constructed house situated at house No. 5-B, Pyramid City, Sultanwind Link Road Amritsar. The complainant has purchased glass and fiber sheet etc. from the opposite parties and paid huge amount to the opposite parties. He further contended that the complainant has purchased Fiber Sheet for his outer gate of the house and paid Rs. 29,440/- in total for fiber sheet, installation charges, type, silicone etc. which is quite clear from the receipt which is given by the opposite parties by writing with their own hands. The opposite parties have issued receipts and sometimes they have not issued receipts regarding the payment. For installation and affixation of the fiber sheet on the gate, the opposite parties have received total Rs. 29,440/- from the complainant in part. At the time of purchasing the above said Fiber sheet, the opposite parties have assured the complainant that the colour of the fiber sheet not be faded and it will remain as its for the whole life. The opposite parties assured the complainant that it will not be damaged for the whole time. The opposite parties have given assurance/ guarantee of the above said product/ fiber sheet in the presence of Gurwinder Singh Virdi son of Surjit Singh resident of Patti, Tehsil Patti, District Tarn Taran. He further contended that in the month of May 2023 the fiber sheet affixed upon the outer gate of the complainant has faded and colour of the same has been faded which is quite clear from the photographs of back side and front side of the gate. The complainant has approached the opposite parties many a times to replace the fiber sheet and to return the price of fiber sheet to the complainant but the opposite parties are putting off the mater under one pretext or the other and have finally refused to accept the request of the complainant and prayed that the present complaint may be allowed.
6 On the other hands, it is case of the opposite party that the grievance of the complainant qua the opposite party is that he allegedly purchased Fiber sheets etc. from the opposite party in the month of June, 2019 and paid Rs. 29,440/- including installation charges for the same and that despite assurance by the opposite party to him as regards discoloration of the material, the color of said fiber sheets got faded in the month of May, 2023 and that when he raised protest about that, the opposite party refused to replace the fiber sheets and to return the price thereon. The complainant might have purchased goods/ material vide payment receipts (C-3 to C-11) but he has intentionally not enclosed the original bills thereof rather has enclosed a forged rough estimate Ex. C-3 which has never been issued to him by the opposite party. Since the matter pertains to the year 2019 and the payment receipts Ex. C-3 to Ex. C-11 do not reflect or demonstrate the purpose of payment to the opposite party by the complainant, without seeing the original bills/ guarantee as regards colour of the alleged fiber sheets, it is vehemently denied that the opposite party ever sold fiber sheets with guarantee of discolouration, to the complainant or even gave him guarantee as regards the fading of colour thereof. The opposite party is not a manufacturer of the fiber sheets and he is only a trader of glass and decorative material, therefore, the responsibility of the goods/ articles if allegedly purchased by the complainant from the opposite party, is that of the company concerned and onus to show the make and marka thereof by way of original Bills, is upon complainant so as to establish the responsibility as regards the deficiency in service. It is case of the opposite party that there is no deficiency in service on the part of the opposite party towards the complainant. The complainant has intentionally concealed the original bills being produced alongwith the complaint to prove the alleged purchase/ guarantee of fiber sheets from the opposite party and rather filed a forged rough estimate to harass the opposite party. The respondent is not a manufacturer of the fiber sheets and thus is not responsible as regards the discolouration thereof. Complaint of the complainant is false and has been filed with malafide intention to harass and to extort money from the opposite party and same may kindly be dismissed with costs.
7 We have carefully gone through the rival contention of respected parties.
8 To prove his case, the complainant has placed on record affidavit of complainant Ex. C-1 and to the complainant has also placed on record affidavit of Gurwinder Singh Virdi Ex. C-2 who supported the version of the complainant. The complainant has placed on record documents Ex. C-3 and also placed on records receipts Ex. C-5, C-6, C-7, C-8, C-9, C-10, C-11 which are given on the letter head of the opposite parties and bears the signatures of representative of the opposite parties shows that the complainant purchased the fiber sheet with other material from the opposite parties. The complainant has also placed on record photographs of which shows that colour difference. On the other hands, the opposite parties have only filed written version but has not tendered any affidavit and even single document to prove their stand taken in their written version . The opposite parties have not proved their stand through evidence by way of affidavit and documents. Without affidavit and documents the written version has no value. Section 38(6) of the Consumer Protection Act, 2019, reads as:-
Every complaint shall be heard by the District Commission on the basis of affidavit and documentary evidence placed on record.
The complainant has approached the opposite parties and complained regarding the faded gate but the opposite parties have not resolved the same, as such, it amounts to deficiency in service on the part of the opposite parties.
9 In view of above discussion the present complainant is allowed in the favour of complainant and directed the opposite parties to return Rs.29,440/- i.e. price, labour charges etc. of the above said fiber sheet of gate. The complainant has been harassed by the opposite parties unnecessarily for a long time. The complainant is also entitled to Rs. 4,000/- as compensation on account of harassment and mental agony and Rs 3,500/- as litigation expenses. Opposite Parties are directed to comply with the order within one month from the date of receipt of copy of the order, failing which the complainant is entitled to interest @ 9% per annum, on the awarded amount, from the date of complaint till its realisation. Copy of order be supplied to the parties as per rules. File be consigned to record room
Announced in Open Commission
On 05.12.2024
