Tamil Nadu

South Chennai

CC/254/2022

M. R.B. Vimal - Complainant(s)

Versus

Sri Balaji Aqua Trading - Opp.Party(s)

S. Karthikeyan

23 Feb 2023

ORDER

                                                    Date of Complaint Filed : 08.07.2022

                                                    Date of Reservation      : 02.02.2023

                                                    Date of Order               : 23.02.2023

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:    TMT. B. JIJAA, M.L.,                                                 : PRESIDENT

                       THIRU. T.R. SIVAKUMHAR, B.A., B.L.,                 :  MEMBER  I 

                       THIRU. S. NANDAGOPALAN., B.Sc., MBA.,          : MEMBER II

 

CONSUMER COMPLAINT No.254 /2022

THURSDAY, THE 23^rd DAY OF FEBRUARY 2023

Mr. R.B. Vimal,

S/o. K. Ramanathan,

Residing at No.2/544, ECR,

Neelankarai,

Chennai – 600 041.

Rep. by its power of attorney,

Mr. K. Prabhakaran,

S/o. P. Kumar,

Lakshmi Towers,

Kazura Garden, 1^st Street,

Neelangarai, Chennai – 600 041.                                                                                                                   ... Complainant                

 

..Vs..

 

Sri Balaji Aqua Trading Private Limited,

Rep by its Director,

Chakrapani Road, No.10/10,

Narasingapuram,

Guindy,Chennai – 600 032.                                                                                                                          ...  Opposite Party

******

Counsel for the Complainant          : M/s. Karthikeyan

Counsel for the Opposite Party       : Exparte

 

On perusal of records and after having heard the oral arguments of the Counsel for the Complainant and the Counsel for the Opposite Parties, we delivered the following:

ORDER

Pronounced by Member-II, Thiru. S. Nandagopalan., B.Sc., MBA.,

1.      The Complainant has filed this complaint as against the Opposite Party under section 35 of the Consumer Protection Act, 2019 and prays to direct the Opposite Party to refund a sum of Rs.1,60,000/- towards the cost of RO Purifier Plant with interest @18% p.a from the date of purchase, till the date of the order of this complaint and to pay a compensation of Rs.7,50,000/- towards the deficiency of service, the health issues faced by the Complainant’s family and mental agony of the Complainant caused by the Opposite Party along with cost.

2.     The averments of Complaint in brief are as follows:-

The Complainant submits that he decided to purchase a RO Purifier system for his new house from the Opposite party during the month of May, 2021. Hence before purchasing the RO Purifier system, he decided to test the ground water purification for which he approached the Delta Inspection and Research Centre to test the groundwater. After getting a report from the said Research Centre, he found that there is no bacteria in the groundwater. He came to know that the opposite party provides the services of the RO system and got in contact with them for the installation and completion of the RO Purifier system for the building. After submitting the testing report, the Opposite parties gave him a quotation, thereafter he had placed the order through his company i.e. in the name of M/s. Unicorn Traders, the total amount fixed for this contract was Rs.1,60,000/- including GST of 18%, dated 21.12.2021 vide P.O.No.614 confirming the same Opposite Party issued a Proforma Invoice No.44 dated 23.12.2021. As per the terms and conditions of the opposite party’s quotation, their service person came for a site visit for installation within a week and advised to fix the 500 LPH RO Plant to the house. Thereafter, the order was made to the opposite party and they gave a promise that the advice given by the opposite party's service person is 100% genuine and there will be no problem in future and gave the products with a 1-year warranty which did not cover the membrane part. Relying on the advice and direction of the opposite party's service person and further he had confirmed the installation with the opposite party without having any second thoughts and thereafter the RO system worked well for one week. Thereafter RO system purifier started malfunctioning, the casing burst into pieces and the same had been informed to the opposite party and the service person came to repair the same and the RO purifier started to work again. Thereafter again the casing burst into pieces after a continuous five hours of working and the same was informed again to the opposite party and the service person came to recheck the same and informed that there was some problem in the casing which cannot filter the water because the bacteria which is found in the groundwater is bigger. It is a misrepresentation of facts, as the RO purifier was installed on the premises of the complainant after the proper groundwater test. The result shows that there is no presence of bacteria in the groundwater. The opposite party is not good at providing the proper service to the RO purifier and instead states various reasons to dodge and try to cheat with utter lies. Thereafter, he had approached the local water supplier for the time being until the service has completed and spent a huge amount for repair, of which his  whole family fell ill and spent 1 lakh for the treatment because of the defective and non rectified RO system. Once again he had tested the groundwater about in the month of January 2022 with the Delta Inspection and Research Centre, the test report shows there is no micro bacteria organism is found in the groundwater and the same was also informed to the Opposite party but no response from them. As there was no proper response from the opposite party and having no other option approached another company M/s. Voda Enviro Projects Pvt. Ltd for service and it was clearly found that the RO purifier has to be repaired properly with due care and spent a sum of Rs.36,000/- and the same also informed to the Opposite party had given reasons rather than rectifying the problem of the RO Purifier. The work assigned to the Opposite party is not satisfactory and also tricked to believe by dragging the fault on bacteria in the underground water by escaping from their responsibility and incapability of providing the faultless product. Hence, he had issued a legal notice to the opposite party on 25-04-2022 seeking refund of the cost paid towards the RO Purifier, for which he had received a reply from the Opposite Party on 14-05-2022, denying their  deficiency of service and low quality of products and spare parts installed. Ever since the purifier was installed it had been caused various problems posing serious health threats to the family and monetary loss leading to mental pressure due to unethical and deficiency of service with defective goods and mental agony caused by the Opposite party. Hence the Complaint.

4.   The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents marked as  Ex.A-1 to Ex.A-10. Despite sufficient notice served on the Opposite party. Opposite party failed to appear before this commission and they have been called absent and set Ex-parte.

Points for Consideration

1. Whether there is deficiency in service on the part of the Opposite Party?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

Point No.1:

On perusal of Complaint and Exhibits marked in support of the complainant, it is clear that the Complainant had decided to test the groundwater purification through Delta Inspection and Research Centre, before purchasing and installing the RO purifier system to his new house through the Opposite party. As per Ex.A-1 dated 24.05.2021 the water sample test report shows that there is no bacteria in the groundwater. Henceforth complainant approached the opposite party and submitted the groundwater test report thereafter the opposite party given a quotation to the complainant in his company’s name i.e Unicorn Traders as found in Ex.A-2 dated 15.12.2021, subsequently as per Ex.A-3 the complainant placed the order through his company i.e. in the name of M/s. Unicorn Traders and the total amount fixed for this contract was Rs.1,60,000/- including GST of 18%, dated 21.12.2021 vide P.O.No.614 confirming the same Opposite Party issued a Proforma Tax Invoice No.44 dated 23.12.2021 as seen in Ex.A-4. Further, the Complainant contended that after placing an order as per the terms and conditions of the opposite party quotation thereafter the opposite party's service person came for a site visit for installation and advised to fix the 500 LPH RO Plant to the house. By relying upon the suggestion and advice given by the opposite party service person is 100% genuine and assuming that there will be no problem arises in the near future and moreover with a 1-year warranty complainant given concurrence to the Opposite party for installation without having any second thoughts and thereafter the RO system been installed at the Complainant house and worked well for one week.

The Complainant further contended that after one week the RO system purifier started malfunctioning, the casing burst into pieces and the same had been informed to the opposite party, the service person came to repair the same and the RO purifier started to work again. Again the problem resurfaced in the means of casing burst into pieces after a continuous five hours of working and the same was informed again to the opposite party and the service person came to recheck the RO purifier and informed to the Complainant that there was some problem in the casing which cannot filter the water because of the bigger bacteria which is found in the groundwater. The Complainant vehemently denies the Opposite party’s misrepresentation of facts and further argues that the RO purifier was installed only after  proper groundwater test report result confirming that there is no presence of bacteria in the groundwater. As per Ex.A-5 the RO water sample test report dated 31.01.2022 afresh test conducted by the Complainant to ensure and prove the Opposite party contentions were wrong by making various reasons to dodge the Complainant failing to provide the proper service by not making the RO purifier in working condition even after no bacteria was present in the groundwater test report, caused mental agony and unfair trade practice to the complainant. Further contended that as there was no proper response from the opposite party and having no other option left, the complainant approached another company M/s. Voda Enviro Projects Pvt. Ltd for service and it was clearly found that the RO purifier has to be repaired properly with due care and spent a sum of Rs.35,105/- as seen in Ex.A-6 & A-7 by rectifying the defects and also the same has been informed to the Opposite party who had given unwanted reasons rather than retrieving the RO Purifier dysfunction due to which Complainant ended up spending huge money for the unethical and unprofessional services of the Opposite party. Since the Opposite party remains unanswered for the problems aroused in the RO purifier by not giving proper solution aggrieved by that the Complainant served legal notice to the opposite party on 25-04-2022 as seen in Ex.A-8 seeking refund of the cost paid towards the RO Purifier along with the compensation for the defective product and monetary loss incurred. The complainant received the reply notice on 14-05-2022 as seen in Ex.A-9 from the Opposite party by denying their deficiency of service and low quality of products and spare parts installed while erecting the RO purifier. On discussions made above and on considering the facts and circumstances of the case, the commission is of the considered view that the Opposite party is liable to compensate the loss and mental agony sustained by the Complainant. Further the Opposite Party failed to provide the proper service by not rectifying the defects of the RO Purifier Plant supplied and installed by them and to make it run in a good working condition, which clearly amounts to deficiency in service on the part of the Opposite Party. Accordingly, Point No.1 is answered. 

Point Nos.2 and 3:

As discussed and decided Point No.1 against the Opposite Party, the Opposite Party is liable to pay a sum of Rs.1,60,000/- towards cost of R.O Purifier Plant and a sum of Rs.25,000/- towards deficiency in service along with cost of Rs.5,000/- to the Complainant. Accordingly Point Nos. 2 and 3 are answered. 

In the result the complaint is allowed in part. The Opposite Party is directed to refund the sum of Rs.1,60,000/- (Rupees One Lakh Sixty Thousand Only) towards cost  of R.O Purifier Plant and a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) towards deficiency in service along with cost of Rs.5,000/- (Rupees Five Thousand Only) to the Complainant within 8 weeks from the date of receipt of this order failing which the above amount of Rs.1,60,000/- shall carry interest @6% p.a from the date of receipt of the order till the date of realization.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 23^rd of February 2023.

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT

 

List of documents filed on the side of the Complainant:-

 

Ex.A1	24.05.2021	RO water Sample Tests
Ex.A2	15.12.2021	Quotation of Sri Balaji Aqua Trading Private Limited
Ex.A3	21.12.2021	Confirmatory purchase order sent by the Complainant
Ex.A4	31.01.2022	Payment tax invoice issued by the Opposite Party
Ex.A5	31.01.2022	RO water sample test
Ex.A6	21.04.2022	Purchase order to VODA Enviro Project Private Limited
Ex.A7	25.04.2022	Payment Tax Invoice
Ex.A8	25.04.2022	Legal Notice sent by Complainant to Opposite Party
Ex.A9	14.05.2022	Reply Notice sent by the Opposite Party to Complainant
Ex.A10	04.07.2022	Power of Attorney executed by the Complainant

 

List of documents filed on the side of the Opposite Party:-

NIL

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                    B.JIJAA

         MEMBER II                       MEMBER I                         PRESIDENT