Tamil Nadu

North Chennai

CC/50/2017

KPM.Service - Complainant(s)

Versus

The Manager General Pumps PVT LTD - Opp.Party(s)

S.Tamilvendhan

04 Jan 2019

ORDER

 

                                                            Complaint presented on:  02.02.2017

                                                                Order pronounced on:  04.01.2019

 

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

 

FRIDAY  THE 04^th   DAY OF JANUARY 2019

 

C.C.NO.50/2017

 

KPM Services,

No.5/2, Kaveri Nagar,

2^nd Street,

P.T.C.Colony, 2^nd Avenue,

Thiruverkadu,

Chennai – 600 077.

                                                                                    ….. Complainant

 

..Vs..

The Manager,

General Pumps Pvt Ltd.,

No.20/24, Errabalu Street,

Chennai – 600 001.

 

.....Opposite Party

Date of complaint                                 : 12..5.2017

Counsel for Complainant                      : Mr.S.Tamil Vendhan

 

Counsel for Opposite Party                     : S.Manivelu, M.Manikandhan

 

 

 

 

 

O R D E R

 

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

This complaint is filed by the complainant to direct  the opposite parties to pay Rs.50,385/- (Rupees  fifty thousand and three hundred and eighty five only) with 12% interest from 03.06.2015 till the date of payment and also to pay a sum of  Rs.50,000/-(Rupees fifty thousand only) as mental agony and also to pay a sum of Rs.1,00,000/-(Rupees one lakh only) towards deficiency in service with cost of the complaint u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The Complainant had purchased  a  Karcher High Pressure Jet Washer Model K7,  on 03.06.2015 for a sum of Rs.50,385/- . Within few weeks of its purchase the complainant started facing problems with the machine so he handed over the machine to the opposite party service centre. It was then informed that  there was a small problem and it was rectified. Even after the rectification, the problem persisted. On 13.10.2015, when the complainant gave the machine to the opposite party , he was informed about the replacement of motor in the machine at the place  of their head  office and  will be made ready after 7 days. Later it was informed  that there is no motor problem and  oil seals only to be replaced for which the complainant was asked to pay Rs.1,312/- and it was paid through online by the complainant on 28.10.2015. The machine was returned to the complainant only in the month of December 2015. Again the machine worked for a couple of weeks, and then it was instructed by the opposite party  that motor has to be replaced and the cost will be Rs.17,000/- and also the spare parts is not available with the opposite party. The Machine is still not in a working condition, because of all these, the complainant has been put to lot of hardship and mental agony. After 8 months,  the complainant visited the opposite party’s service centre and their manager one Mr. Charles convinced the complainant  to get the machine rectified and the machine was brought to the service station,  the complainant was asked to pay Rs.14,280/- for replacement  and was paid by the complainant.  As usual the machine stopped working thereafter also. Finally the complainant surrendered the machine to the opposite party. After receipt of the entire sale consideration of Rs.50,385/- the attitude of the opposite party  in not resolving the problem and nor rectifying the defect amounts to unfair trade practice. Hence the  complaint.

2. WRITTEN VERSION OF THE  OPPOSITE PARTY IN BRIEF:

          The purchase of the machine  from opposite party  is not denied. On 13.10.2015 the complainant handed over the machine for service to opposite party. Due to over and heavy usage of the machine by the complainant, the oil seal was damaged and the matter was intimated to complainant and he admitted the over usage and the cost of Rs.1,312/- for oil seal was paid by the complainant on 28.10.2015, for the second time the machine was brought before opposite party  for housing damage and  due to admitted mishandling, the damage housing was changed and the charges was paid by the complainant. The model of the machine is  only best for home and domestic purpose and  damage was caused  due to over usage. The complainant is running tank cleaner business and he used the machine for his business and also without air circulation place and heating area. The motor of the machine was burnt and it was mishandled and misused by the complainant for commercial purpose. The complainant has not paid the replacement cost as informed by the service engineer. The complainant’s motive is to get back money from opposite party  and it is an abuse of process of law.   Therefore the complaint is to be dismissed.

3. POINTS FOR CONSIDERATION:

          1. Whether the complainant is a Consumer?

          2. Whether there is deficiency in service on the part of the opposite party?

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

4. POINT NO :1

          Ex.A1 is the receipt for the purchase of  the  machine from opposite party  on 03.06.2015 for an amount of Rs.50,385/- by M/s K.P.M. Services. The correspondence through e-mail between the parties regarding the problem faced by the complainant  and its repairs  are Ex.A2 to Ex.A5 and Ex.A8. Spare part quotation is Ex.A6. The payment of Rs.1,312/- and Rs.14,280/- made towards the service are exhibited in Ex.A7and  Ex.A12. Job sheet is Ex.A9 . Legal notice issued by the complainant  and the receipt is Ex.A10 and Ex.A11. The proof for the complaints made towards services and  the  payments made towards the services  are filed by the complainant. Mail correspondence  between the parties are submitted in Ex.B1 to Ex.B3  by the opposite party  and Ex.B4 is the user manual card for Karcher High Pressure Jet Washer Model-K7.

5. The complainant is KPM services, which by itself speaks that it is of commercial nature and the opposite party’s contention is mainly based on the mishandling of the machine purchased  by the opposite party  and also its usage is for commercial purpose. Ex.B4 is the  user manual copy which is said to have been supplied to the complainant at the time of delivering the machine and the payments made by the complainant for the services done by opposite party  within the warranty period without protest raises suspicion of rough usage of the machine. The user manual  indicates that the machine purchased by the complainant namely Karcher High pressure  Jet Washer K-7 is designed for domestic use only. KPM services, the complainant is  a service oriented business and nowhere in the complaint it is  mentioned that  the business is only for the livelihood of  a particular person .  Opposite party   has pointed out and pleaded in their written version that the supplied machine is used for commercial purpose and also there is no proof filed by the complainant for  the utilization of the machine for domestic purpose.Ex.A1 purchase bill is also in the name  of KPM service. It is also mentioned in the written version  and also argued that  the opposite party  is running tank cleaner business  and the machine was almost damaged by the complainant  by over work load due to commercial usage and it is not designed for that. No document is filed  by the complainant to disprove the contention of the opposite party. Definition  of Consumer in section 2(1) (d) reads as:

 “Consumer” means any person who:

         (i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or

         (ii) ‘(hire or avails of) any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who ‘(hires or avails of) the services for  consideration paid or promised, or partly paid or partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person 2 (but does not include a person who avails of such services for any commercial purpose);

            3( Explanation – For the purposes of this clause, “commercial purpose” does not include use by a person of goods bought and used by him and services availed by him exclusively for the purposes of earning his livelihood by means of self-employment.)

  Therefore the complainant does not come under the definition of Consumer u/s-2(1)(d) Consumer Protection Act 1986.  Since the purchased machine was utilized for commercial purpose, the complaint fails   and deserves to be dismissed.

06. POINT NO: 2 & 3

          Since the complainant does not come under the definition of the consumer due to the commercial nature the complaint is to be dismissed. In view of the earlier conclusion in  point No.1 discussion  in point No.2 is not necessary. The complainant is not entitled for any other relief. Point No.3 is answered accordingly.

          In the result, the complaint is dismissed. No cost.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 04^th   day of  January 2019.

 

MEMBER – I                                                                PRESIDENT

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 03.06.2015         Receipt issued for purchase of the machine for Rs.50,385/-

 

Ex.A2 dated 14.10.2015         E-mail sent by the complainant to the opposite party

 

Ex.A3 dated 17.10.2015         E-mail forwarded by the complainant to the opposite party

 

Ex.A4 dated 19.10.2015         Reply mail sent by the opposite party

 

Ex.A5 dated 20.10.2015         Particulars given  by the complainant to the opposite party by e-mail

 

Ex.A6 dated 23.10.2015         Spare part quotation by the opposite party by e-mail

 

Ex.A7 dated 28.10.2015         Particulars given by complainant to opposite party regarding online transaction Rs.1,312/-

 

Ex.A8 dated 24.11.2015         Particulars given  by opposite party regarding the delay of delivery by e-mail

 

Ex.A9 dated 16.08.2016         Job sheet issued by the opposite party after receiving the complainant’s machine for service

 

Ex.A10 dated 21.11.2016       Legal notice served to the opposite party by complainant

 

Ex.A11 dated 24.11.2016       Registered post acknowledgement of legal notice

 

Ex.A12 dated 10.09.2016       Credit card statement of Rs.14,280/- paid to opposite party

 

 

 

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTY :

 

Ex.B1 dated 19.10.2015         Mail correspondent to KPM service copy marked

 

Ex.B2 dated 23.10.2015         Mail correspondent to KPM service copy marked

 

Ex.B3 dated 28.10.2015         Mail correspondent to KPM service copy marked

 

Ex.B4 dated NIL                     Karcher High Pressure Jet Washer Model-K7 user manual copy

 

 

                                               

MEMBER – I                                                               PRESIDENT