Punjab

Rupnagar

CC/18/39

Harinder Singh - Complainant(s)

Versus

Vishavkarma Electric Company - Opp.Party(s)

Sh. Pardeep Sahai,Adv

27 Nov 2018

ORDER

BEFORE THE DISTT. CONSUMER DISPUTES REDRESSAL FORUM, ROPAR

                                  Consumer Complaint No. :  39 of 02.07.2018

                                  Date of decision           :     27.11.2018

 

Harinder Singh, aged about 62 years, son of Surjan Singh, resident of Village Marauli Khurad, Tehsil Morinda, District Rupnagar.  

                                                                    ......Complainant

                                             Versus

 Vishavkarma Electric Company manufactures of Generator Sets and motors authorized dealer and service centre, KSB Submersible Pump Sets and KEI Cables Sugar Mill Road, Morinda, Tehsil Morinda, District Rupnagar  

                                                                             ....Opposite Party

                                    Complaint under Section 12 of the                                               Consumer Protection Act, 1986

QUORUM

 

                         SH. KARNAIL SINGH AHHI, PRESIDENT

                         SH. AMRINDER SINGH, MEMBER

 

ARGUED BY

 

Sh. Pardeep Sahai, Adv. counsel for complainant  

Sh. Gurdeeep Singh Bimbra, Adv. counsel for O.P.  

 

                                             ORDER

 

               SH. KARNAIL SINGH AHHI, PRESIDENT

 

1.          Complainant has filed the present complaint seeking directions to the opposite party to pay Rs.45200/- as price of the motor and to return Rs.45000/- which the O.P. has received wrongly and illegally from the complainant on 1.6.2018; to pay Rs.60,000/- as damages for harassment; to pay Rs.25,000/- as litigation costs along with interest. 

2.     Brief facts made out from the complaint are that on 30.06.2017, the complainant has purchased KSB Submersible Pump Set 302/8, UMAH 150-14/23 Sr. No.11545810005 of Rs.45,200/- from the O.P. vide bill No.280 dated 30.6.2017 having one year warranty. In the month of February 2018, the said pump become disorder and then the complainant has requested the O.P. to rectify the fault of the motor as the same was under warranty period, then the O.P. has sent his mechanic at the spot who inspected the motor and directed him to bring new pump, fan, cable, clump etc and he fitted the same but the motor was not working properly and this thing has been repeated 3-4 times. The O.P. has made the bill of Rs.45,000/- as cost of material and labour charges which comes to Rs.45,000/-. On 01.06.2015, the complainant transferred the amount of Rs.45,000/- through NEFT in the account of O.P. The motor was not in working condition since February 2018 and the complainant was unable to irrigate his wheat crop with this submersible. It is further stated that now the sowing of paddy crop season in going on and the complainant was unable to sow the paddy crop and to irrigate his land without the motor, as the O.P. was not rectify the fault of the motor. Then the complainant under the compelled circumstances purchased a new submersible motor of 15 HP from Khattra Electric Works Village Bhateri District Fatehgarh Sahib. But the O.P. neither rectified the fault of the motor of the complainant nor given the new one, inspite of receiving Rs.45,000/- more from the complainant. Hence, this complaint.    

  3.   On notice, O.P. appears through counsel and filed written reply taking preliminary objections; that the present complaint is not maintainable; that the present complaint is false, frivolous, vexatious; that the complainant has suppressed the true and material facts from this Hon’ble Forum; that the present complaint is barred by limitation as the company has given the warranty for one year from the date of purchase but the complaint was filed after the expiry of the limitation; that the complainant has concealed the true and material facts from this Hon’ble Forum; that the present complaint file by the complainant is only to harass the O.P. and to get easy compensation from the O.P. On merits, it is stated that the complainant has purchased the submersible motor worth Rs.45,200/- but the purchaser/complainant does not pay any single penny to the O.P at the time of purchase of said submersible pump and said that he will pay the amount in 2-3 days from the purchase of motor and after that he linger on the payment of motor and every time he said that he will pay the amount in next month and postpone the dates of payment.  On the bill No.280 dated 30.6.2017, that it is a bill and purchaser does not pay any amount at the time of purchase of said pump. The complainant very cleverly shows that he transfer an amount of Rs.45,200/- on 1.6.2018 through NEFT in the bank account of O.P. regarding the repair of motor.  It is further stated that if the motor is not working in the month of February 2018 and if the complainant is not satisfied with the working of motor then why he paid Rs.45000/- and why in the month of June 2018 to the OP and why he silent regarding the same for five months and after five months he makes the payment for the repair of motor. The O.P. also disclose this fact to the Hon’ble Forum. Rest of the allegations made in the complaint have been denied and prayer has been made dismissal thereof. 

4.     On being called upon to do so, the learned counsel for the complainant has tendered duly sworn affidavit of complainant Ex.CW1/A along with documents Ex.C1 & Ex.C3 and closed the evidence. The partner of Vishkarma Electric Company Works OP has tendered his duly sworn affidavit Ex.OP1/A along with documents Ex.OP1 to Ex.OP3 and closed the evidence  

5.     We have heard the learned counsel for the parties and have gone through the record of the file, carefully.

6.     Complainant counsel Sh. Pardeep Sahai, against bill No.280 dated 30.06.2017, complainant purchased submersible pump set 302/8 for a sum of Rs.45,200/- from OP and in the month of February 2018, the pump started creating trouble and become disorder. Complainant requested the OP many time, but the O.P. did not bother. Rather on the asking of OP, the complainant many time got repaired the pump and changed the parts. The O.P. against the repaired/changed of the parts, repaired bill of Rs.45000/- and complainant made the payment through NEFT dated 01.06.2018 of Rs.45,000/- but when the pump did not work then complainant purchased one new submersible pump of 15 horsepower from Khatra Electrical Works on 23.6.2018 vide bill No.138 of Rs.41,891/-. In this way, the complainant paid price of the motor pump twice i.e. Rs.45,200/- on 30.06.2017, Rs.45000/- through NEFT on 01.06.2018 to the OP and third time make the payment to the Khatra Electrical Works on 23.6.2018 of Rs.41,891/-. Complainant counsel prayed that due to deficiency in service on the part of OP, the complaint deserves to be allowed and OP be directed to make the payment of the pump charged twice with damages.

7.    OP counsel Sh. Gurdeep Singh Bimbra, argued that the complainant has concocted the story and has purchased submersible pump on 30.06.2018 against bill No.280 for a sum of Rs.45,200/- on credit basis, this fact is fully reflected in photocopy of the receipt Ex.C1, in which complainant being customer signed with promise if the payment is not made within 15 days then complainant is entitled to charge interest @ 24%. Learned counsel further argued that complainant paid only Rs.45,000/- through NEFT on 1.6.2018 i.e. after about one year of the purchase of the pump. OP has no concern with the purchase of the new pump from Khatra Electrical Works, whereas the purchase of the pump by complainant from the OP is in working condition because the complainant not placed on file any expert report, from which the forum make the opinion qua the defect alleged. Lastly by referring the documentary evidence to dismiss the complaint with cost.

8.     Complainant has relied upon the photocopy of the receipt dated 30.06.2017, Ex.C1 and that receipt is not denied by the OP. Further complainant paid Rs.45,000/- to the OP through NEFT on 1.6.2018 and that amount is admitted by the OP. The dispute is qua the working of the pump purchased on 30.06.2017. In this way, it is a consumer dispute and complaint is within limitation.

9.     Coming to the real controversial point, whether complainant has been able to prove deficiency in service or OP received the price of the pump twice. Onus to prove this fact lies upon the complainant and has firstly relied upon receipt Ex.C1 dated 30.06.2017. Complainant pleaded the payment of Rs.45,200/- was made on 30.6.2017. But at the same time, in the bottom of this document there is specific recital signed by the complainant Harinder Singh that in case the payment is not made within 15 days from the date of purchase, then complainant is entitled to charge interest @ 24% extra. So far the complainant has relied upon Ex.C2 i.e. the bill qua the purchase of new pump set and has no concern with the complaint in hand. Ex.C3 is the bank account, which is proves on 1.6.2018 Rs.45,000/- was transferred into the account of OP.

10.   To rebut the evidence of the complainant, OP has placed on file Ex.OP1 i.e. copy of the closing account for the period from 01.04.2017 to 31.3.2018 in which the closing balance a shown of Rs.45,200/- payable by Harinder Singh son of Surjan Singh and this fact is reflected in the ledger account. The OP counsel has further relied upon Ex.OP2 which is the account statement and proves that on 1.6.2018, complainant transferred Rs.45000/- through NEFT in favour of OP.

11.   The forum while deciding the complaint in hand is firstly to rely  upon whether there is any expert opinion qua the disorder of the pump and after going through the entire file, there is not iota of evidence qua the defect in the submersible pump. So far the twice payment is concern i.e. also without merit because Ex.C1 proves complainant purchased submersible pump on credit basis and the payment is out standing in the ledger book of the OP on the closing date 31.3.2018. At the same time, the account statement of 1.6.2018 proves complainant made the payment. The OP counsel has rightly pointed out at the time of arguments in case the submersible pump was in disorder in the end of May 2018 or beginning of June 2018 then why the complainant made payment of Rs.45,000/- and with the gap of 2/3 weeks he purchased new pump from Khatra Electric Works. So the complainant remain unable in proving the payment made twice or qua the defect in the pump set. The complaint presented to this forum is within the warranty period, so the complainant is not entitled to the refund of the money as pleaded and remain unable in proving deficiency in service. However, in the interest of justice and to safe guard the complainant, the forum is of the opinion that submersible pump purchased on 30.6.2017 which is in possession of complainant deserves to be got checked up through the OP from the competent engineer.

12.   In the light of discussion made above, the complaint is partly allowed with the observation from the receipt of copy of this order, OP will contact the complainant and will take into possession the pump purchased on 30.6.2017 and will got checked upon from the competent engineer and if the engineer issued certificate qua its fitness/functioning then to return the complainant that in case the engineer has the opinion of non working then to replace the old submersible pump with the new one of the same price/quality. In case the OP not contacted then the complainant has also to liberty to contact the O.P. for the compliance of this order. However, under the peculiar circumstances, parties are left to bear their own cost. 

13.  The certified copies of this order be supplied to the parties forthwith, free of costs, as permissible under the rules and the file be indexed and consigned to Record Room.

 

                      ANNOUNCED                                                  (KARNAIL SINGH AHHI)

                      Dated.27.11.2018                                        PRESIDENT
 

 

 

                                                            (AMRINDER SINGH)

                                                                                                                        MEMBER