Complainant Amarjit Singh vide the present complaint U/S 12 of the Consumer Protection Act, 1986 (hereinafter for short the Act) for issuance of the necessary directions to the opposite parties to refund Rs.58,800/-; refund the price of deficiency service of Rs.10,000/- alongwith interest @ 12% P.A. from billing date till the date of realization, pay a sum of Rs.10,000/- towards punitive compensation for mental agony; to pay the cost of filing complaint Rs.5,000/- alongwith Rs.5,000/- as litigation expenses, in the interest of justice.

2.       The case of the complainant in brief is that he purchased a product manufactured, distributed, or sold by the opposite party which are  described as Hindware washbasin 21 pieces for “The Dream Resort” for Rs.58,800/- paid in cash vide cash memo, receipt invoices no.448 dated 28.12.2017 through cheque which was drawn on UCO Bank. He has next pleaded that the complainant has every right to reject for a refund of the amount paid for goods that the legal right to use hear “The Right To Reject” under the consumer rights act if the goods are not satisfactory quality. The complainant has informed the matter to the opposite party and it has not returned the payment amounting to Rs.58,800/- given by him. He has next pleaded that the said goods are not suitable for the complainant and he approached opposite party for payment several times but all in vain. He also got served a legal notice to the opposite party on 7.3.2018 but of no use. Hence this complaint.

3.         Opposite party appeared through its counsel and filed its written reply by taking the preliminary objections that the present complaint is  legally not maintainable; the present complaint is liable to be dismissed as there is no fault or deficiency of any kind or any nature on the part of the opposite party; the complaint is bad for non joinder of necessary party i.e. the H.S.I.L Ltd.(Hindware Sanitaryware and Industries Ltd.) manufactures of the goods in question and the complaint  is legally not maintainable as the complainant is not consumer within the definition of consumer duly enshrined in the Consumer Protection Act and the transaction/purchase in question is for commercial purpose i.e. for his resort known as The DREAM RESORT. On merits, it was submitted that the complainant had approached the opposite party as he intended to purchase 21 Hindware washbasin, urinal flow 6 pieces etc. for his Resort known as THE DREAM RESORT, Gurdaspur. The opposite party told him that the aforesaid material is very expensive and he can order the same on the demand of the complainant directly from the authorized Hindware Company Depot at Ludhiana. The complainant minutely perused the aforesaid products in the company books i.e. broachers and after considering its market price and its specifications with his complete satisfaction ordered the same. On receipt of the order, the aforesaid products directly from authorized Hindware Company Depot at Ludhiana vide transport invoice dated 27.12.2017 from Ludhiana as per order of complainant by paying all the taxes and the complainant took the delivery of the goods on 28.12.2017. It was further submitted that after some time the complainant told the opposite party that now his mood has changed and he wants to return Hindware Washbasin 21 pieces to them. Opposite party told the complainant that it was not a child play to order the goods and then to return its without any cause as he had ordered the same with his free consent from the company authorized dealer at Ludhiana but the complainant was adamant to return the same. The opposite party also told the complainant that it was duly written on the bill issued by them that goods once sold cannot be returned but still in order to harass the opposite party. It was next submitted that the complainant had no right to reject any good without any reasonable cause. All other averments made in complaint have been denied and lastly prayed for dismissal of the complaint.

4.       Ld.counsel for the complainant has tendered into evidence affidavit of complainant Ex.C-1 alongwith documents Ex.C-2 to Ex.C-10 and closed the evidence.

5.       Ld.counsel for the opposite party has tendered into evidence affidavit of Taranjit Singh Ex.OP-1 alongwith photocopy of bill Ex.OP-2 and closed the evidence.

6.          Written arguments filed by the parties.

7.        We have carefully gone through the pleadings of counsels for the parties; written arguments by the complainant as well as oral arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsels for the purposes of adjudication of the present complaint.

8.      As per Ex.C-1, the complainant purchased a few sanitary items including 21 pieces of washbasin for his Resort from the opposite party for a sum of Rs.58,800/- vide invoice No.448 dated 28.12.2017. It is averred by the complainant that he has the right to reject and claim for a refund of the amount so paid for the goods under the Consumer Rights Act if the goods are not a satisfactory quality. The complainant approached the opposite party for refund of the amount of Rs.58,800/- but the opposite party failed to do so.

9.     The plea taken by the opposite party is that the complainant approached it for purchasing 21 Hindware Washbasin, Urinal flow 6 pieces etc. for his Resort known as ‘The Dream Resort’ Gurdaspur. The opposite party had told the complainant that the aforesaid material is very expensive and he will order the same on demand of the complainant. The complainant had minutely perused the product in question in the company broacher and after his complete satisfaction ordered the same. On receipt of the order directly from authorized Hindware Company Depot at Ludhiana vide transport invoice dated 27.12.2017 and the complainant took the delivery of the goods on 28.12.2017. It is averred that after sometime the complainant told the opposite party that his mood had changed and he wanted to return the product without any cause which is not possible as the opposite party had ordered the product with the consent of the complainant. Moreover, it is clearly written on the bill issued by the opposite party, that the goods once sold cannot be returned. As such, the complainant had not right to reject any goods without any cause.

10.     In the present case, the complainant wanted to return the goods without  any cause.  He has failed to place on record any document which may show that there was any defect in the product. Moreover, it is clearly written on the invoice i.e. Ex.C-2, “Goods once sold are not returnable”. Hence, no deficiency in service can be attributed on the part of the opposite party.

11.         In view of the aforesaid discussion, it is observed that the present complaint is without any merit and the same is liable to be dismissed and is dismissed with no order as to costs.

12.     Copy of the order be communicated to the parties free of charges. File be consigned.                                                                                                                                                     

             (Neelam Gupta)

                                                                            President   

Announced:                                                        (Jyotsna)

July 14, 2021                                                       Member

*MK*