Tamil Nadu

South Chennai

CC/388/2015

M/s.Nirmal Kumar - Complainant(s)

Versus

The Managing Director, Hindustan Unitever Ltd - Opp.Party(s)

Party in Person

31 Aug 2018

ORDER

                                                                        Date of Filing  : 22.09.2015

                                                                          Date of Order : 31.08.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

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

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B.                                : MEMBER-I

 

C.C. No.388/2015

DATED THIS FRIDAY THE 31^ST DAY OF AUGUST 2018

                                 

Nirmal Kumar,

S/o. Mr. M. Arun Kumar,

No.58/1, Muthalamman Koil Street,

Selaiyur,

Chennai – 600 073.                                                    .. Complainant.                                                          

 

  ..Versus..

 

The Managing Director,

Hindustan Unilever Limited,

No.101, Santhome High Road,

Ponds House,

R.A. Puram,

Chennai – 600 028.                                                ..  Opposite party.

          

For complainant                  :  Party in person

Counsel for opposite party :  M/s. L. Maithili Associates

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 praying to refund a sum of Rs.10,400/-, to apologize for all the inconvenience caused to the complainant, to direct the opposite party for a thorough health checkup of the complainant, to pass an interim order to stop the production of such hazardous products, to pay a sum of Rs.3,00,000/- towards compensation for troubles, physical inconvenience and mental agony with cost of Rs.3,000/- to the complainant.

1.    The averments of the complaint in brief are as follows:

The complainant submits that on 23.11.2013, he purchased a water purifier for a sum of Rs.10,400/-.   Further the complainant submits that there is a delay in installation of purifier even after repeated requests and calls.   Further the complainant submits that the opposite party has failed to keep up his promise to change the germs kill kit which is mandatory.   Further the complainant submits that while replacing the germs kill kit, the technician of the opposite party installed only two parts out of five parts.  While arguing with the technician, he replaced the germs kill kit with new part on 21.01.2015.  While cleaning the system, the complainant noticed that there was a bug or cockroach which is dead and formation of algae inside the pipes.  Further the complainant submits that he undergone various kinds of rituals performed by the complainant by means of fasting like Upvas, Ekasana and Ayambil relying only on purified drinking water.   The complainant has undergone infection which caused him sleepless night with continuous loose motion and vomiting throughout the night causing low BP due to which the complainant failed to report at the job.  The act of the opposite party caused great mental agony.  Hence the complaint is filed.

2.      The brief averments in the written version filed by the  opposite party is as follows:

The opposite party specifically denies each and every allegation made in the complaint and puts the complainant to strict proof of the same.   The opposite party states that the opposite party is the manufacturer of various products such as soaps, jams, beverages etc falling under the description of FMCG.  The opposite party is also the manufacturers of water purifier and other household equipments.  The opposite party is having its own reputation also in the field of manufacturing and servicing.  The opposite party admitted the fact that the complainant had purchased a Pureit Marvella RO Slim model (4 litre storage tank) on 23.11.2013 from Subha Stores for a sum of Rs.10,400/-.  Immediately after the receipt of the information regarding the sale, the technicians of the opposite party went to the house of the complainant on 25.11.2014 for due installation of the equipment.  While so, due to the change of mind, the complainant has not permitted to open the packages and attempted to return the equipment and at long last reluctantly agreed to install the machine.  The complainant has allegedly emailed the opposite party to deliver the germ kill kit on 20.01.2015.   The opposite party on 21.01.2015, installed a new germs kill kit at free of cost even after the warranty period inorder to keep his business gesture.  While replacing the germ kill it by dismantling the water purifier, the complainant falsely alleged that the decomposed cockroach was discovered and some ALGAE also found growing in the water tank.   Further the opposite party states that while selling the purifier, a detailed user manual also supplied to the complainant to follow the procedures.  The allegation of ALGAE and cockroach etc are only due to the negligence of the complainant in keeping the purifier  not in  hygienic manner.   As per the user manual, the germs kill kit shall be replaced within 360 days. i.e. on before 20.11.2014 by that time, the equipment will show blue light or red light resulting the water will be blocked. The complainant ordered germs kill kit only on 20.01.2015 i.e. after an inordinate delay of 2 months.   By that time, the water may be stagnated inside the purifier resulting the formation of ALGAE and other things.  

3.     As per the operation manual, the user of the equipment is required to clean by the following procedure which is found in written version para No.29 reads as follows:

“11. You should discard the water in the storage tank once in 15 days.  Always drain the water in the storage tank if you have not used the purifier for more than 2 days.  Do not put heavy or sharp objects on the purifier”.

1. “You can clean the dispenser by using disinfectants like bleach/hypochlorite.
2. (50 PPM available chlorine).  Discard 2 liters of water after cleaning the dispenser / tap.   Turn off the Ball Valve and switch off the power if you notice any leakage from the purifier.  Do not extensively clean and rub the decorative parts and on the LED Display panel as this might lead to scratches on the parts.  Always switch off the ‘Ball Valve’ and electrical power, if you are out of home for long duration.  Do not try to open the purifier for cleaning or for any replacements.
3. This can only be done by a qualified company personnel or an authorised agent.  Never splash the filtration system with water while cleaning.  In case of any smoke or burning smell, remove the plug immediately and call the Pureit Service Centre.  When shifting your house, get the purifier duly inspected and packed by the Pureit service technician.  Remove water from the storage tank and properly pack the purifier during shifting.
4. You should clean the storage tank once a month by using the disinfectant which can be bought by calling our Pureit helpline number.
5. To clean the tank just open the cleaning solution dispenser and put 1 ml of the solution (10-15 drops) into the storage tank.
6. (Ensure the tank is full).  Drain the entire tank after 10 minutes.  Do not allow any foreign or unexpected material (like dust / ants /insects / other pests) to enter into the storage tank.  The filtered water in the storage tank may deteriorate in the process.
7. You should maintain good hygiene in the area around your water purifier.
8. Ensure that this area is free of ants / insects / other pests.”

Therefore, there is no deficiency in service on the part of the opposite party and the complaint is liable to be dismissed.

4.   To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A8 are marked.  Proof affidavit of the opposite party is filed and documents Ex.B1 to Ex.B3 are filed and marked on the side of the opposite party.   

5.      The points for consideration is:-

1. Whether the complainant is entitled to get refund of a sum of Rs.10,400/- towards the cost of the water purifier as prayed for?
2. Whether the complainant is entitled to a sum of Rs.3,00,000/- towards mental agony with cost of Rs.3,000/- as prayed for?

6.      On point:-

Heard both sides.   Perused the records namely; the complaint, written version, proof affidavits, documents etc.  The complainant pleaded and contended that on 23.11.2013, he purchased a water purifier for a sum of Rs.10,400/- as per Ex.A1, invoice.  Both parties has not raised any contentions regarding warranty or guarantee with regard to the purifier.   Further the contention of the complainant is that there is a delay in installation of purifier even after repeated requests and calls.   But on a careful perusal of records and written version, it is seen that the complainant purchased the purifier on 23.11.2013 which is duly installed on 25.11.2013 as per Ex.B1 i.e. within 3 days.  Further the contention of the complainant is that the opposite party has failed to keep up his promise to change the germs kill kit which is mandatory.   But the complainant failed and neglected to disclose the terms and conditions regarding the change of germ kill kit. The complainant has not produced the user manual before this Forum also supplied by the opposite party at the time of purchase.  On a careful perusal of Ex.B3, user manual which has been supplied to the complainant which reads as follows:

Indicator	Indicator Status	Frequency of indication	Indication
Change SF/ GKK	Fast blinking Green	180 days of clock time or 150 hours of pump running time, whichever is earlier after device installation or GKK replacement	This indicates the like of the Pre Sediment Filter is completed and must be replaced.  At this point, Auto Shut-Off shuts the water flow ensuring you don’t drink unsafe water even by accident

 

7.     In this case, the complainant requested the opposite party to change the germs kill kit only on 20.01.2015 i.e. after inordinate delay of two months.  Further the contention of the complainant is that while replacing the germs kill kit, the technician of the opposite party installed only two parts out of five parts.  While arguing with the technician, he replaced the germs kill kit with new part on 21.01.2015 as per Ex.B2.  While cleaning the system, the complainant noticed that there was a bug or cockroach which is dead and formation of algae inside the pipes which caused great mental agony. Because the complainant undergone various kinds of rituals performed by the complainant by means of fasting like Upvas, Ekasana and Ayambil relying only on purified drinking water.  But the complainant has not produced any details regarding such commitment of rituals and usage of water.    On the other hand, it is very clear from the user manual that if the germ kill kit is not functioning, the water will be blocked.   In this case, the due date for change of germ kill kit for free of cost lies on 20.11.2014.   But the germs kill kit is changed beyond the warranty period at free of cost on 21.01.2015.  Thereafter, the water may be stagnated inside the purifier which may cause such formation of ALGAE due to the sole negligence of the complainant.  

8.     The learned Counsel for the opposite party contended that the opposite party is the manufacturer of various products such as soaps, jams, beverages etc falling under the description of FMCG.  The opposite party is also the manufacturers of water purifier and other household equipments.  The opposite party is having its own reputation also in the field of manufacturing and servicing.  The complainant purchased a Pureit Marvella RO Slim model (4 litre storage tank) on 23.11.2013 from Subha Stores for a sum of Rs.10,400/-.  Immediately after the receipt of the information regarding the sale, the technicians of the opposite party went to the house of the complainant on 25.11.2014 for due installation of the equipment. While so, due to the change of mind, the complainant has not permitted to open the packages and attempted to return the equipment and at long last reluctantly agreed to install the machine.  The complainant has allegedly emailed the opposite party to deliver the germ kill kit on 20.01.2015.   The opposite party on 21.01.2015, installed a new germs kill kit at free of cost even after the warranty period inorder to keep his business gesture.  While replacing the germ kill it by dismantling the water purifier, the complainant falsely alleged that a decomposed cockroach was discovered and some ALGAE also found growing in the water tank.   The complainant has not produced any record to prove such decomposed cockroach or ALGAE except the screen shot which is not clear to confirm that.  Moreover, the claim of compensation for ill health is not proved by supporting documents.

9.     Further the contention of the opposite party is that while selling the purifier a detailed user manual also supplied to the complainant to follow the procedures.  The allegation of ALGAE and cockroach etc are only due to the negligence of the complainant in keeping the purifier  not in  hygienic manner.   As per the user manual, the germs kill kit shall be replaced within 360 days. i.e. on before 20.11.2014 by that time, the equipment will show blue light or red light resulting the water will be blocked. The complainant ordered germs kill kit only on 20.01.2015 i.e. after an inordinate delay of 2 months.  By that time, the water may be stagnated inside the purifier resulting the formation of ALGAE and other things.   There is no deficiency in service on the part of the opposite party. 

10.    As per the operation manual, the user of the equipment is required to clean by the following procedure which is found in written version para No.29 reads as follows:

“11. You should discard the water in the storage tank once in 15 days.  Always drain the water in the storage tank if you have not used the purifier for more than 2 days.  Do not put heavy or sharp objects on the purifier”.

9. “You can clean the dispenser by using disinfectants like bleach/hypochlorite.
10. (50 PPM available chlorine).  Discard 2 liters of water after cleaning the dispenser / tap.   Turn off the Ball Valve and switch off the power if you notice any leakage from the purifier.  Do not extensively clean and rub the decorative parts and on the LED Display panel as this might lead to scratches on the parts.  Always switch off the ‘Ball Valve’ and electrical power, if you are out of home for long duration.  Do not try to open the purifier for cleaning or for any replacements.
11. This can only be done by a qualified company personnel or an authorised agent.  Never splash the filtration system with water while cleaning.  In case of any smoke or burning smell, remove the plug immediately and call the Pureit Service Centre.  When shifting your house, get the purifier duly inspected and packed by the Pureit service technician.  Remove water from the storage tank and properly pack the purifier during shifting.
12. You should clean the storage tank once a month by using the disinfectant which can be bought by calling our Pureit helpline number.
13. To clean the tank just open the cleaning solution dispenser and put 1 ml of the solution (10-15 drops) into the storage tank.
14. (Ensure the tank is full).  Drain the entire tank after 10 minutes.  Do not allow any foreign or unexpected material (like dust / ants /insects / other pests) to enter into the storage tank.  The filtered water in the storage tank may deteriorate in the process.
15. You should maintain good hygiene in the area around your water purifier.
16. Ensure that this area is free of ants / insects / other pests.”

11.    It is apparently clear from the records that the complainant has not followed any of the condition stipulated in the user manual being violated the conditions claiming deficiency in service; is not accepted.   Considering facts and circumstances of the case, this Forum is of the considered view that the complaint has to be dismissed.

In the result, this complaint is dismissed.  No costs.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 31^st day of August 2018. 

 

MEMBER –I                                                                      PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

Ex.A1	23.11.2013	Copy of purchase receipt of the device
Ex.A2	20.01.2015	Copy of screen shot of first attempt of ordering the germ kill kit through website
Ex.A3	20.01.2015	Copy of screen shot of website fails to accept order of germ kill kit attempt of ordering the germ kill kit through website
Ex.A4	20.01.2015	Copy of screen shot of online complaint made on the website for failure system
Ex.A5	20.01.2015	Copy of SMS sent for ordering germ kill kit
Ex.A6	20.01.2015	Copy of E-mail sent to H.U.L. stating deficient system and failure of after service
Ex.A7		Copy of screen shot of 3 days delivery guarantee or germ kill kit free
Ex.A8		Copy of footage of insect found in the purifier

 

OPPOSITE  PARTY SIDE DOCUMENTS:  

Ex.B1		Copy of screen shot of the opposite party’s service database
Ex.B2	21.01.2015	Copy of E-mail correspondence showing proof of replacement of GKK by the opposite party Technician
Ex.B3		Copy of Pureit Marvella RO Slim Model Instruction Booklet

 

                                                         

MEMBER –I                                                                      PRESIDENT