Haryana

Ambala

CC/35/2019

Jagtar Singh - Complainant(s)

Versus

Shiva Polymer - Opp.Party(s)

Tarun Datta

09 Feb 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

 

                                                                        Complaint case no.         :    35 of 2019

                                                                        Date of Institution           :    06.02.2019

                                                                         Date of decision             :    09.02.2021.

 

Jagtar Singh S/o Harnam Singh, age about 45 years, Resident of V.P.O. Boh, Ambala Cantt.

             ……. Complainant.

 

1. Shiva Polymer’s Through its Authorized person, Pawan Sharma, Nariangarh Road, Near Baldev Nagar, Opp. Asha Singh Garden Colony, NH-72, Ambala City, Haryana.

 

2. Pawan Sharma, Proprietor, Shiva Polymer’s, Nariangarh Road, Near Baldev Nagar, Opp. Asha Singh Garden Colony, NH-72, Ambala City, Haryana.                                                                                                   

           ….…. Opposite Parties.

 

Before:        Ms. Neena Sandhu,  President.

                   Ms. Ruby Sharma, Member,

Sh. Vinod Kumar Sharma, Member.          

                            

Present:       Shri Tarun Datta, Advocate, counsel for complainant.

Shri Sandeep Sachdeva, Advocate, counsel for the OPs.

 

Order:        Smt. Neena Sandhu, President

Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To pay Rs.41,819/-, i.e. the cost of the pipes and Rs.12,000/- i.e. installation charges alongwith interest upto date @ 18% per annum.   
2. To pay Rs.20,000 /- as compensation for the mental agony and harassment suffered by him.
3. To pay Rs.10,000/- as cost of litigation.

 

 

Brief facts of the case are that the complainant purchased Rigid UPVC Pipes & Socket (KG) and other related products, vide invoice No.991 dated 05.11.2018 for Rs.41,819/-, from the OPs. At the time of purchase of the said pipes, the OPs assured the complainant about the quality, performance and after sales service of the Rigid UPVC Pipes and if any defect occurs in the said pipes, within one year, the same will be replaced without any hindrance. The OPs installed the said Rigid UPVC pipes, in the fields of the complainant, for which the OPs charged Rs.12,000/- as installation charges. Immediately, after installation of the Rigid UPVC pipes, complainant faced a problem and he lodged a complaint with the OPs. The service executive of the OPs visited the complainant, who charged Rs.2,000/- from him and assured that in future there will not be any problem with the UPVC pipes. Thereafter, again there was leakage from the said pipes and he complained about the same to the OPs for the second time. The service executive of the OPs again visited the fields of the complainant and charged Rs.2000/-, as service charges from the complainant, inspite of that problem still prevailed. Lastly, he lodged the complaint with the OPs on 15.11.2018. The service executive visited the complainant’s farm and took Rs.2,000/- and after checking the Rigid UPVC pipes told him that the said pipes are not repairable and asked the complainant to replace the same. On 16.11.2018, complainant went to the OP No.1 shop to get replaced the Rigid UPVC pipe but the its authorised person refused to replace the said pipes and misbehaved with him. Due to digging of the fields several times by the service executive from the OPs, the standing crop of the complainant worth of Rs.50,000/- got damaged. Complainant requested the OPs to refund the amount paid by him for the purchase of the said pipes, installation charges and the amount of damage caused to his crop, but of no avail. On 21.11.2018, he sent a legal notice to the OPs, but the OPs vide reply dated 15.12.2018, denied to pay any amount. By not paying the due amount the OPs have committed deficiency in service. Hence, the present complaint.

2.                Upon notice, OPs No.1 & 2 appeared through counsel and filed written version, raising preliminary objections regarding maintainability, locus-standi, estoppel, cause of action, not coming to this Commission with clean hands and concealing of true and material facts etc. On merits, it is stated that the complainant has purchased the Rigid UPVC Pipe against invoice No.991 dated 5.11.2018, from the OPs along with other articles. The OPs neither advised the complainant to purchase the said pipe nor gave any assurance to the complainant as alleged for. The complainant has not gone through the invoice No.991 dated 05.11.2018, wherein it has been clearly mentioned in column terms and conditions E & O.E. “No guarantee of any consignment/product supplied under this invoice”. Rest of the allegations levelled by the complainant were denied for lack of knowledge and prayer has been made for dismissal of the complaint alongwith costs.

3.                 To prove his version, the ld. counsel for the complainant tendered affidavit of the complainant as Annexure CA along with documents as Annexure C-1 to C-7 and closed the evidence on behalf of complainant. On the other hand, learned counsel for OPs tendered affidavit of Shri Pawan Sharma Proprietor Shiva Polymer’s, Naraingarh Road, Near Baldev Nagar, Opp. Asha Singh Garden Colony, Ambala City and Shri Rajesh Aggarwal, director of M/s Kurukshetra Tecnoplast Pvt. Ltd. as Annexure RA & OP-A alongwith documents as Annexure R-1 to R-4 and closed the evidence on behalf of the OPs.

4.                 We have heard the learned counsel for parties and carefully gone through the case file.

5.                Annexure C/2 is the invoice dated 05.11.2018, whereby the complainant purchased the pipes in question. The complainant has alleged that the OPs have sold him the defective pipes. The Service Executive of the OPs repaired the said pipes on several occasions, but failed to rectify the defects. He requested the OPs either to replace the pipes or to refund the amount thereof, but they refused to do so. On the contrary, the Ld. counsel for the OPs submitted that there is no defect in the pipes. The complainant has neither filed any complaint nor approached them regarding any defect in the pipes. Thus, question of sending a service executive to the farm/fields of the complainant, does not arise at all. Even otherwise, to prove this fact that there was defect in the pipes in question, the complainant has not placed on record any expert report. Therefore, the complaint filed by the complainant may be dismissed with heavy costs. It may be stated here that the complainant has alleged that the OPs sold him the defective pipes. In support of his contention he has placed on record only copy of invoice and legal notice. Neither any photographs nor any inspection report of the Service Executive of the OPs nor of some independent technical person of the alleged defective pipes has been placed on record by the complainant. Thus, in the absence of any cogent and convincing evidence, we do not hesitate to conclude that complainant has failed to prove his case. While dismissing the Appeal No.441 of 2011 titled as Gpoi Ram Vs. M/s Laxmi Tube Well Company, decided on 17.03.2015, the Hon’ble State Commission, Punjab has held that there is neither any report of laboratory nor any export report to prove any defect in the PVC pipes. The facts of the above referred case are identical to the facts of present case, thus the complaint filed by the complainant is liable to be dismissed.

6.                In view of the aforesaid discussion, we hereby dismiss the present complaint, being devoid of merits. Parties are left to bear their own cost. Certified copy of this order be supplied to the complainant, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced on : 09.02.2021.

 

 

(Vinod Kumar Sharma)                      (Ruby Sharma)              (Neena Sandhu)

             Member                                      Member                          President

                                                                                              DCDRC, Ambala