This appeal is directed against the final order dated 20.11.2015 in CC No 61 of 2014 delivered by Ld. D.C.D.R.F., Siliguri. The fact of the case in nutshell is that one M/S Swapna Industries and its proprietors Mr. Prasenjit das registered a Consumer Complaint to the affect that he has purchased a water purification equipment containing water pump set from DGS Marketing through the appellant/O.P. No. 2 M/S Strategic India on 27.10.2013. The total consideration price was Rs. 1 Lakh 27 thousand. The said water pump set was installed at the premises of Swapna Industries on 01.11.2013. The installation charge of Rs. 8 thousand was realized by DGS Marketing from the Complainant/respondent No. 1. Thereafter, he found the water plant was not functioning properly to the extent of unsatisfactory purification water with presence of moss, fungal, contamination presence of iron and awful smell and test. The matter was informed to the seller of the water purification as well as to the O.P. No. 2 that is Strategic India for replacement and re-installation of a proper water treatment plant but they did not do the same and for that reason the Consumer Complaint was registered. Both DGS Marketing and Strategic India did not contest the case and the case was heard Ex-parte. Ld. Forum after hearing the complainant/respondent No. 1 has delivered the impugned order by which both the appellant and proforma respondent DGS Marketing were asked to pay the consideration price of the pump set to the tune of Rs. 1 Lakh 27 thousand including installation charge Rs. 8,000/- Rs. 10,000/- towards financial loss, mental agony and sufferings and Rs. 5,000/- as litigation cost and both O.P. Nos. 1 and 2 that is DGS Marketing and Strategic India were asked to pay the awarded money jointly and severally. Being aggrieved with this order this appeal follows on the ground that the order of Ld. Forum has suffered from gross mistakes, errors and full of contradictions etc. The positive case of the appellant is that the appellant is running a Human Resource Service under the name and style Strategic India Info Service and due to such business, the appellant has a close contact with several persons in the field of business and when the principal respondent that is Swapna Industries wanted to have a suggestion for purchasing the water purifier plant, the appellant only has given the reference of the proforma respondent. He had not related in any way with the instant transaction between Swapna Industries and DGS Marketing. Even he does not know either the principal respondent that is Complainant has purchased the water treatment plant from the proforma respondent or not. So, the appellant Company has no liability in the instant transaction they had no role to play and for that reason the order of Ld. Forum to ask this appellant to pay the compensation etc is not tenable in law. The appeal was registered in due time and notice was sent to the Complainant Swapna Industries and the proforma respondent GDS Marketing. Both the respondents has not contested the appeal in spite of receiving the notice in due course. So, the appeal was heard only in presence of Ld. Advocate of the appellant Mr. R. Sarkar and Miss. S. Das.

Decision with reasons

It is established from the order of the Ld. Forum as well as from the pleadings of the Complainant that the Complainant/Respondent Swapna Industries has purchased the water purify plant from principle O.P. DGS Marketing. The Principle O.P. DGS Marketing has installed the plant in the premises of Swapna Industries and installation charge was also received by the O.P. at Rs. 8,000/-. The consideration price of the plant was also received by the principle O.P. DGS Marketing. The Complainant makes the case to the score that Strategic India only negotiated with the Complainant to purchase the plant from DGS Marketing besides that there was no active role of Strategic India the appellant in the instant transaction. The Complainant further contended that when the water purification plant was not functioning well he issued a letter to the Strategic India reporting the malfunctioning of the machinery and in response to the letter the Strategic India the appellant clarified that they were totally unaware of the business deal that took place between M/S Swapna Industries and M/S DGS Marketing even they did not know the total product price and service terms and conditions by which M/S DGS Marketing supplied the product. That reply letter was sent to the address of Complainant on 11.07.2014 besides the two letters mentioned above there is no whispering or any further evidence as to whether the appellant Strategic India had any active role to play behind the alleged dealing between the Complainant and M/S DGS Marketing. The Complainant in Consumer Complaint clearly confined the prayer upon O.P. No. 1 that is DGS Marketing to replace water pump set or refund the total consideration price of Rs. 1 Lakh 27 thousand plus the installation charge of Rs. 8,000/-. Therefore, the pleading of the Complainant clearly indicates that the appellant had no business or dealing either with the Complainant or with the proforma respondent DGS Marketing. Only the appellant has referred the Complainant to talk with DGS Marketing for such purchase of the water purify plant. The appellant has no personal monetary gain in the instant dealing so the question of deficiency of service or unfair trade practice does not arise in respect of appellant company and for that reason the liability imposed upon the appellant by the order of Ld. Forum is unwarranted and not authorized in law. So, the order of Ld. Forum suffers from some mistakes and the order should be interfered and to be modified to the extent that no liability could be cast upon the appellant in the instant Consumer Complaint. The appeal succeeds.

Hence, it’s ordered

That the appeal be and the same is hereby allowed on merit without any cost. The Final Order of Ld. D.C.D.R.F., Siliguri dated 20.11.2015 in CC No 61 S 2014 is hereby modified to the extent that O.P. No. 2/appellant is hereby exonerated from the liability imposed upon the appellant and all the claims and awarded money to be casted upon DGS Marketing that is O.P. No. 1 of original Consumer Complaint. Save and except exoneration of liability of O.P. No. 2/appellant, the rest portion of the Final Order of Ld. D.C.D.R.F., Siliguri in reference to proforma respondent DGS Marketing remains to be intact.

Let a copy of this order be supplied to the parties free of cost and a copy of the same to be communicated to the Ld. D.C.D.R.F., Siliguri for ready reference.