Tamil Nadu

North Chennai

CC/183/2016

Mr.G.P.N.Gupta Vice chairman - Complainant(s)

Versus

The manager Director Aqua Pure Plus Private LTD - Opp.Party(s)

C.Franco Louis

10 Feb 2020

ORDER

 

                                                            Complaint presented on:  04.10.2016

                                                               Order pronounced on:  10.02.2020

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT:  TMT.K.LAKSHMIKANTHAM, B.Sc., B.L., DTL.,DCL, DL & AL -  PRESIDENT

 

TMT.P.V.JEYANTHI B.A., MEMBER - I

 

MONDAY THE 10^th  DAY OF FEBRUARY  2020

 

C.C.NO.183/2016

 

Mr.G.P.N.Gupta, Vice Chairman,

Jumbo Bag Ltd.,

No.1568, 16^th Main Road,

J-Block, Anna Nagar, Chennai – 40.

 

                                                                                     …..Complainant

 ..Vs..

1.Mr.Ishar Ahmed,

Branch Head, Aqua Pure Plus (P) Ltd.,

No.16/48, Thiruvaleeswarar Nagar,

Thirumangalam, Anna Nagar,

Chennai – 600 040.

 

2.The Managing Director,

Aqua Pure Plus (P) Ltd.,

No.16/48, Thiruvaleeswarar Nagar,

Thirumangalam, Anna Nagar,

Chennai – 600 040.

 

.....Opposite Parties

Counsel for Complainant                         : M/s.C.Franco Louis, C.Louis Franco

                                                                      and S.Balasubramanian

 

Counsel for  opposite parties                      : Ex-parte (12.12.2019)

 

ORDER

 

BY PRESIDENT TMT.K.LAKSHMIKANTHAM, B.Sc., B.L., DTL.,DCL, DL & AL

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The complainant  is residing at Anna Nagar West and has regular metro water supply. Complainant was depending upon packaged drinking water supplied through 25 liters bubble top, which supply was not regular. The complainant had discussions with the 1^st opposite party who confirmed that “Aqua Grand Plus”, water purifier is an excellent product   with two years warranty and two years free service. In view of the assurances by the 1^st opposite party, complainant  purchased “Aqua Grand Plus”  for Rs.13,000/- and accordingly 1^st opposite party issued in Invoice No.APP/R/06/12217 dated 28.01.2016. The very same day it was installed.  The complainant issued a letter dated 08.02.2016 to immediately collect the water from the supplied unit and send it for lab test confirmation. However there was absolutely no response from the 1^st opposite party. The complainant issued another letter dated 22.02.2016 to the 2^nd opposite party referring to the earlier letter dated 08.02.2016 received by the 1^st opposite party on 09.02.2016 and pointed out that if the requests made in the letter dated 08.02.2016 is not complied with, its amounts to deficiency in service. The complainant took  sample of the water obtained from the unit on 24.08.2016 and got it tested through MARS SYNERGY GEOTECH PVT.LTD., (An ISO 9001:2015 Company), Velachery, Chennai by incurring an expense of Rs.1,725/-. The following is the test report:           “The above submitted water sample does not comply with drinking water specification as per i.e 10500:2012 with respect to colour Turbidity and Iron”. Hence this complaint.

2. WRITTEN VERSION OF THE OPPOSITE PARTIES  IN BRIEF:

          The 1^st opposite party has not received letter dated 08.02.2016 from the complainant. Within  3 days of installation of unit  a spot test was conducted to confirm the consumable standard of the water purified by the opposite parties machine. The opposite parties have not received letter dated 22.02.2016, as alleged in the complaint. The opposite parties have serviced the machine of the complainant on 24.03.2016. Therefore there is no deficiency in service.

3. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite parties?

          2. Whether the complainant is entitled to any relief? If so to what extent?

4. POINT NO :1 

          The complainant  purchased water purifier under the name ‘Aqua Grand plus’ from opposite parties  under Ex.A1 for an amount of Rs.13,000/-.  Ex.A2 is the letter dated 28.01.2016 given by 1^st opposite party guaranteeing the warranty for two years and service its production of pure water with any type of water and also to do the lab test confirmation within three days. Ex.A3 is the warranty card for one year with water testing facility. On 08.02.2016 the complainant by his letter in Ex.A4 & Ex. A5 called the 1^st opposite party for testing the water and for not keeping up the promise. On 22.03.2016 Ex.A6 & Ex.A7 are the letters addressed to opposite parties for submitting the test report and service. Ex.A8 is the legal notice issued to opposite parties with acknowledgement.  Since there is no reply and compliance from opposite parties complainant has chosen to obtain the lab report  and  on his own  report is Ex.A9 which proves that the water purifier is not  up to the acceptable standards.

          05. The opposite parties would contend that they have tested the water after two days of installation and the report is Ex.B1 which is totally denied by the complainant stating  it is a created one. However if the test was really done, the water would have been drawn in the presence of the complainant. The opposite parties  had  the chance of replying the letters addressed by the complainant regarding the same fact. The learned counsel for opposite parties  reported no instructions.

           06. The 1^st  opposite party  had admitted the receipt of letter  dated 19.04.2016 but not replied for the same. The reason as stated by the 1^st opposite party is not an acceptable one. As contended by the 1^st opposite party there is no proof filed to prove the service done on 24.03.2016. Warranty card and the letters submitted by the complainant indicate that the water had not been tested and the service is not done by opposite parties. The test report by the complainant indicates below standard.  Hence the contention of the opposite parties is not true. The opposite parties  have come forward to test the water analysis test at the later stage i. e. after seven months  by filing CMP.No.100/2018 and the said CMP was dismissed before this forum  and opposite parties  have challenged in R.P.No.50/2019.  As  per the order  of  Hon’ble State commission,  opposite parties  were allowed to conduct the test  but after repeated reminders they  have not chosen to do the test as directed by the Hon’ble State Commission . Further the opposite parties have not appeared  before this forum inspite of notice issued and were set ex-parte. Therefore the deficiency is well proved  by the activities of the opposite parties and hence it is decided that the complainant is entitled to get the refund of the cost of the machine and  point No.1 is answered accordingly.

 

07. POINT NO.2:

          As decided in point No.1, there is deficiency in service on the part of opposite parties and opposite parties  are directed to refund  the amount  of Rs.13,000/-  being the cost of the machine and simultaneously the complainant is directed to hand over the water purifier  machine to opposite parties.  The mental agony and stress suffered due to deficiency in service by opposite parties is accepted by this forum.  Hence opposite parties are directed to pay an amount of Rs.20,000/- as compensation for mental agony and deficiency in service.  No cost for sample test is allowed due to the non-production of the receipt but the complaint is partly  allowed with the cost of  Rs.5,000/-

In the result, the complaint is partly allowed. The opposite parties jointly or severally are ordered to pay a sum of Rs.13,000/- (Rupees thirteen thousand only) towards the cost of the product to the complainant and simultaneously the complainant also should handover the Aqua Grand Plus Water Purifier to the opposite parties and further the opposite parties also to pay a sum of Rs.20,000/- (Rupees twenty thousand only) towards compensation for mental agony and deficiency in service besides a sum of Rs.5,000/- (Rupees five thousand only) for costs.

The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of the payment.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 10^th  day of February 2020.

MEMBER – I                                                                PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 28.01.2016          Invoice No.APP/R/06/12217 issued by the 1^st opposite party

Ex.A2 dated 28.01.2016          Letter jointly signed by the 1^st opposite party and the Service Manager, addressed to the complainant

Ex.A3 dated 28.01.2016          Warranty card issued to the complaint for 1 year warranty (interalia offering water testing facility)

Ex.A4 dated 08.02.2016          Letter issued by the complainant to the 1^st opposite party (with courier booking slip)

Ex.A5 dated 22.02.2016          Letter issued by the complainant to the 2^nd  opposite party (with courier booking slip)

Ex.A6 dated 23.03.2016          Letter issued by the complainant to the 2^nd  opposite party with copy to the 1^st opposite party (with Registration booking slip)

Ex.A7 dated 19.04.2016          Letter issued by the complaint to the 2^nd opposite party (with acknowledgement due)

Ex.A8 dated 07.06.2016          Legal notice issued on behalf of complainant to the opposite parties (with acknowledgement due)

Ex.A9 dated 25.08.2016          Water Analysis Result (Drinking purpose) by Mars Synergy Geotech Pvt.Ltd.,)

LIST OF DOCUMENTS FILED BY THE   OPPOSITE PARTIES:

 

Ex.B1 dated 03.02.2016                   Analysis Report

 

                                               

MEMBER – I                                                               PRESIDENT