DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 1194/2015
D.No.__________________ Date: ________________
IN THE MATTER OF:
SHIV KUMAR GOEL,
S/o LATE SH. RAM DHAN GOEL,
R/o B-38, BIJLI APARTMENTS,
GT KARNAL ROAD, GUJRANWALA TOWN-II,
NEW DELHI-110009. … COMPLAINANT
Versus
SARVO INTERNATIONAL,
PLOT No.317, 2nd FLOOR,
SECTOR-24, FARIDABAD.… OPPOSITE PARTY
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 09.09.2015
Date of decision:15.06.2019
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against OP under Section 2(g) of the Consumer Protection Act, 1986 therebyalleging that the complainantin order to enhance the water heating capabilities of his house i.e. B-37 & B-38 of Bijli Apartments bought from OP vide invoice no.219 dated 03.09.2013, two instruments of water heating systems i.e. Solar Water Heating System capacity 300 LPD and Solar Water Heater capacity 200 LPD and these systems
CC No. 1194/2015 Page 1 of 7
were installed by the employees of OP on the terrace and in the house. Thereafter, OP as per the concerned invoice installed the solar water heating systems guaranteeing that all forms of water coming out of the outlets of the above said two houses shall be regulated to come at the appropriate temperature and a total sum of Rs.1,15,775/- was paid for the said systems vide cheque nos. 004766 of Rs.1,00,000/- drawn on Central Bank of India and cheque no.012598 of Rs.15,775/- drawn on Canara Bank Ltd. and both the said cheques were honoured on presentation thereby transferring the consideration amount under the concerned invoice. The complainant further alleged that it was most shocking to learn that right from the very beginning none of the above said solar water heating systems were working and the said heating systems did not heat the water at all and the temperature of the water even in winters did not go above 15-20 Degree Celsius and the complainant alongwith his family members had to severally suffered due to cold water despite the assurance of OP as well as to the defunct and non-functioning solar water heating systems provided by OP and the complainant alongwith his family members to undergo a lot of mental and physical pain and members of the family of the complainant could not reach for important work appointments due to delay in morning showers during the winters as the members had to eventually wait for the hot water which was
CC No. 1194/2015 Page 2 of 7
boiled on the kitchen gas. The complainant further alleged that the complainant has constantly been calling the employees over the phone and officials of OP which include Mr. Pawan Kumar, Mr. Sunil Jain & Ms. Tamanna and technical employees from OP also visited the complainant’s premises to inspect the said solar water heating systems, however, they could not repair the same at all and the water heating solar systems are still exactly in the same problematic shape thereby not functioning at all and the period of almost 2 years has passed since the complainant purchased the said defective goods from OP andOP in the most negligent, arbitrary, fraudulent and illegal manner refrained on acting on the complaint made by the complainant and kept ignoring and postponing the matter for one reason or the other. The complainant further alleged that the complainant sent legal notice dated 03.06.2015 and OP sent reply dated 22.06.2015 to the said legal notice wherein instead of solving the issue at hand, they denied all the contentions raised by the complainant on completely false and frivolous grounds and the complainant further alleged that the complainant has suffered a loss and there is deficiency in service and unfair trade practice on the part of OP.
2. On these allegations the complainant has filed the complaint praying for direction to OP to replace the said defective solar water heaters with new & working solar water heaters or in the alternative
CC No. 1194/2015 Page 3 of 7
refund the amount of Rs.1,15,775/- which was paid by the complainant as the purchase price of the said defective goods alongwith interest @ 18% p.a. as well as compensation of Rs.1,00,000/- for causing him mental pain, agonyand harassment and wasting the precious time and has also sought Rs.20,000/- towards cost oflitigation.
3. Earlier, OP has been contesting the case and filed reply/written statement whereinOP submitted that the complaint is misconceived, groundless and unsustainable and is liable to be dismissed and the complaint is not maintainable as there is no deficiency in service on the part of OP. OP further submitted that the water heating systems supplied to the complainant and installed in the premises of the complainant was covered under the Guarantee/Warrantee for a period of one year from the date of its purchase and the water heater system was supplied and installed vide invoice no. 219 dated 03.09.2013 and as per the terms & conditions pertaining to guarantee and warrantee the same expired in September-2014 after elapse of one year and the said period the complainant was provided with quality/after sale service and all his queries and complaints were properly attended by the service engineers of OP and as when any fault in water heating system was reported the same was rectified and repaired to the entire satisfaction of the complainant himself, however, the complainant
CC No. 1194/2015 Page 4 of 7
remained totally silent with regard to after sale service provided by OP on several occasion while filing the complaint and after expiry of guarantee period OP is in no way under any obligation towards the complainant as prayed for. However subsequently none for OP appeared and OP also failed to file its evidence despite giving various opportunities and right of OP to file its evidence was closed vide order dated 23.08.2017.
4. The complainant has filed rejoinder to the reply of OP and denied the contentions of OP.
5. In order to prove his case, the complainant filed his affidavit in evidence. The complainant has also placed on record copy of tax invoice no. 219 dated 03.09.2013 for an amount of Rs.1,15,775/- issued by OP, copies of payment vouchers dated 16.07.2013 & 23.11.2013 of Rs.1,00,000/- & Rs.15,775/- issued by Sanyog Enterprises (P) Ltd., Delhi, copy of legal notice dated nil sent by the complainant through his Counsel to OP alongwith copy of postal receipt, courier receipt and copy of reply dated 22.06.2015 sent by OP through its Counsel to the Counsel for the complainant.
6. During course of oral arguments, Ld. Counsel for the complainant relied on following authority/case law:
“MANU/SC/1056/2006 in case entitled Indochem Electronic & ANR. Vs. Addl. Collector of Customs, A.P. in Civil Appeal No.1273 of 2006 decided on 24.02.2006.”
CC No. 1194/2015 Page 5 of 7
7. This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant.The case of the complainant has remainedconsistent and undoubted. There is nothing on record to disbelieve the case of the complainant. The complainant has made so many complaints on telephone and also personally visited & requested to OP but OP failed to rectify the defect/problem in the solar water heating system nor refunded the amount of the same which proves the deficiency in service on the part of OP. Moreover, it appears that even after receiving notice ofthis case from this forum, OP hasfailed to lead any evidence in support of its defence. It also shows that OP has no defence at all.
8. On perusal of the record, we find that the complainant made complaint of his solar water heating systems toOP within warranty period and strangely the problem could not be resolved or rectify by OP. It was the duty of the OP to rectify thedefect once for all or to replace the product. A customer/consumer is not expected to file complaint frequently in respect of new product purchased. It is expected that the new product purchased is free from all sorts of defect in the product. We accordingly hold OP is guilty of unfair trade practice and deficiency in service.
9. Accordingly, OP is directed as under:
i) To refund to the complainant an amount of Rs.1,15,775/-being the
CC No. 1194/2015 Page 6 of 7
cost of the two solar water heating systems and original bill and OP is however entitled to remove the defective solar water heating systems from the premises of the complainant.
ii) To pay to the complainant an amount of Rs.25,000/- as compensation towards mental agony and harassment caused to the complainant.
iii) To pay to the complainant an amount of Rs.10,000/- towards cost of litigation.
10. The above amount shall be paid by OP to the complainant within 30 days from the date of receiving copy of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% perannum from the date of receiving copy of this order till the date of payment. If OPfails to comply the order within 30 days from the date of receiving copy of this order, thecomplainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
11. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 15thday of June, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
CC No. 1194/2015 Page 7 of 7
UPLOADED BY :- SATYENDRA JEET
