durgeshpbh1987
New member
- Dealer Name
- Vijay Traders Varanasi
- Company Name
- CERA Sanitaryware Limited
- Product Name
- Health Focet
- Customer Care Number
- 1800 258 5500
- Loss Amount
- 25000
- Ratings
- Opposite Party Address
- Bhumika Tank
CERA Sanitaryware Limited, Ahmedabad
Land Phone: +91 79 4911 2222 (Ext.: 826)
Shubham Singh Baghel
CERA Sanitaryware Limited, Lucknow
Mobile No : +91 9818934756
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, VARANASI, UTTAR PRADESH
CONSUMER COMPLAINT
UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019
IN THE MATTER OF:
Dr. Durgesh Singh
S/o Dinesh Pratap Singh
Resident of Arazi No. 19, Suryodaya Nagar Colony,
Kadipur, Shivpur, Varanasi – 221003, Uttar Pradesh
Mobile: 7905329904
Email: [durgesh.phdchem16@gmail.com]
...Complainant
VERSUS
Opposite Party No. 1
CERA Sanitaryware Limited
Through its Managing Director/Authorized Officer
Registered Office: 9, GIDC Industrial Estate, Kadi,
Mehsana, Gujarat – 382715
Opposite Party No. 2
Authorized Dealer of CERA Sanitaryware
From whom the product was purchased vide Invoice No. 039 dated 12.03.2026
...Opposite Parties
COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019
The Complainant most respectfully submits as under:
1. Jurisdiction
1. That the present complaint is being filed under Section 35 of the Consumer Protection Act, 2019.
2. That the cause of action arose within the territorial jurisdiction of this Hon'ble Commission as the product was purchased, installed, used and the loss and injury were suffered within Varanasi.
3. That this Hon'ble Commission has pecuniary jurisdiction to entertain and decide the present complaint.
2. Facts of the Case
4. That the complainant purchased a CERA Health Faucet from the authorized dealer of Opposite Party No. 1 vide Invoice No. 039 dated 12.03.2026 for valuable consideration.
5. That the complainant purchased the product believing the representations regarding quality, durability and reliability made by the manufacturer and dealer.
6. That shortly after installation and normal use, the health faucet developed defects and became unfit for its intended purpose.
7. That the complainant lodged Complaint No. C26051301844 dated 15.05.2026 before the customer support department of Opposite Party No. 1.
8. That upon verification of the complaint, Opposite Party No. 1 acknowledged the defect and authorized replacement of the product.
9. That pursuant to the authorization, a replacement product was supplied through the dealer.
10. That to the utter surprise of the complainant, the replacement product was also found defective and non-functional.
11. That the replacement itself failed to rectify the grievance and further aggravated the hardship suffered by the complainant.
12. That thereafter the complainant again lodged Complaint No. C26061500481 dated 15.06.2026 informing the company that even the replacement product was defective.
13. That despite repeated requests, reminders, follow-ups and communications, the opposite parties failed to provide a permanent and effective solution.
14. That the complainant was repeatedly directed between the company and the dealer without any final resolution.
15. That the complainant has spent considerable time, effort and resources in pursuing the matter.
16. That due to the negligence and indifferent attitude of the opposite parties, the complainant has suffered substantial inconvenience, mental agony, harassment and loss of valuable time.
3. Cause of Action
17. That the cause of action first arose on the date when the purchased product became defective.
18. That the cause of action further arose when the replacement product supplied by the opposite parties was also found defective.
19. That the cause of action continues to subsist as the opposite parties have failed to provide an effective remedy despite repeated complaints.
4. Deficiency in Service and Defective Goods
20. That the product supplied by the opposite parties falls within the definition of "Defect" under Section 2(10) of the Consumer Protection Act, 2019.
21. That the conduct of the opposite parties constitutes "Deficiency in Service" under Section 2(11) of the Consumer Protection Act, 2019.
22. That the repeated supply of defective products demonstrates serious shortcomings in quality control and customer service mechanisms.
23. That the opposite parties have failed to discharge their obligations towards the complainant despite repeated opportunities.
24. That the complainant has been deprived of the benefits and value for which consideration was paid.
5. Mental Agony and Harassment
25. That because of the acts and omissions of the opposite parties, the complainant has suffered:
(a) Mental agony and harassment;
(b) Continuous inconvenience;
(c) Loss of valuable time;
(d) Communication and incidental expenses;
(e) Physical inconvenience in daily life;
(f) Loss of confidence in the product and brand.
26. That the complainant is entitled to compensation for the aforesaid losses.
6. Grounds
The present complaint is maintainable on the following grounds:
A. Because the goods supplied were defective.
B. Because the replacement product was also defective.
C. Because the opposite parties failed to provide an effective and permanent solution.
D. Because there has been clear deficiency in service.
E. Because the conduct of the opposite parties amounts to unfair and negligent business practice.
F. Because the complainant has suffered financial loss, inconvenience and mental harassment.
7. Reliefs Sought
In view of the facts and circumstances stated above, it is most respectfully prayed that this Hon'ble Commission may kindly be pleased to:
(i). Direct the Opposite Parties jointly and severally to replace the defective product with a completely defect-free and tested product;
OR
Refund the entire purchase price of the product.
(ii). Award compensation of Rs. 50,000/- (Rupees Fifty Thousand Only) towards mental agony, harassment, inconvenience and deficiency in service.
(iii). Award litigation expenses of Rs. 25,000/-.
(iv). Award interest at the rate of 12% per annum on the amount found due from the date of complaint till realization.
(v). Award punitive damages against the opposite parties for repeated supply of defective products and failure to provide effective consumer redressal.
(vi). Pass any other order or direction deemed fit and proper in the interest of justice.
8. Interim Relief
Pending disposal of the present complaint, the Hon'ble Commission may direct the opposite parties to preserve all complaint records, replacement records and communications relating to the complainant.
9. Limitation
The present complaint is within limitation prescribed under the Consumer Protection Act, 2019.
10. List of Documents
1. Copy of Invoice No. 039 dated 12.03.2026.
2. Complaint No. C26051301844 dated 15.05.2026.
3. Complaint No. C26061500481 dated 15.06.2026.
4. Replacement authorization issued by CERA.
5. Photographs and videos of defective products.
6. Legal notice sent to the opposite parties.
7. Postal receipt, tracking report and delivery proof.
8. Copies of emails, messages and other communications.
9. Any other supporting documents.
PRAYER
It is therefore respectfully prayed that this Hon'ble Commission may graciously allow the present complaint and grant the reliefs prayed for herein.
And for this act of kindness, the complainant shall ever pray.
Place: Varanasi
Date: 18/06/2026
Complainant
(Dr. Durgesh Singh)
VERIFICATION
I, Dr. Durgesh Singh, the complainant above named, do hereby verify that the contents of paragraphs 1 to 26 of this complaint are true and correct to my personal knowledge and belief and nothing material has been concealed therefrom.
Verified at Varanasi on this 18 day of June, 2026.
Complainant
(Dr. Durgesh Singh)
CONSUMER COMPLAINT
UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019
IN THE MATTER OF:
Dr. Durgesh Singh
S/o Dinesh Pratap Singh
Resident of Arazi No. 19, Suryodaya Nagar Colony,
Kadipur, Shivpur, Varanasi – 221003, Uttar Pradesh
Mobile: 7905329904
Email: [durgesh.phdchem16@gmail.com]
...Complainant
VERSUS
Opposite Party No. 1
CERA Sanitaryware Limited
Through its Managing Director/Authorized Officer
Registered Office: 9, GIDC Industrial Estate, Kadi,
Mehsana, Gujarat – 382715
Opposite Party No. 2
Authorized Dealer of CERA Sanitaryware
From whom the product was purchased vide Invoice No. 039 dated 12.03.2026
...Opposite Parties
COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019
The Complainant most respectfully submits as under:
1. Jurisdiction
1. That the present complaint is being filed under Section 35 of the Consumer Protection Act, 2019.
2. That the cause of action arose within the territorial jurisdiction of this Hon'ble Commission as the product was purchased, installed, used and the loss and injury were suffered within Varanasi.
3. That this Hon'ble Commission has pecuniary jurisdiction to entertain and decide the present complaint.
2. Facts of the Case
4. That the complainant purchased a CERA Health Faucet from the authorized dealer of Opposite Party No. 1 vide Invoice No. 039 dated 12.03.2026 for valuable consideration.
5. That the complainant purchased the product believing the representations regarding quality, durability and reliability made by the manufacturer and dealer.
6. That shortly after installation and normal use, the health faucet developed defects and became unfit for its intended purpose.
7. That the complainant lodged Complaint No. C26051301844 dated 15.05.2026 before the customer support department of Opposite Party No. 1.
8. That upon verification of the complaint, Opposite Party No. 1 acknowledged the defect and authorized replacement of the product.
9. That pursuant to the authorization, a replacement product was supplied through the dealer.
10. That to the utter surprise of the complainant, the replacement product was also found defective and non-functional.
11. That the replacement itself failed to rectify the grievance and further aggravated the hardship suffered by the complainant.
12. That thereafter the complainant again lodged Complaint No. C26061500481 dated 15.06.2026 informing the company that even the replacement product was defective.
13. That despite repeated requests, reminders, follow-ups and communications, the opposite parties failed to provide a permanent and effective solution.
14. That the complainant was repeatedly directed between the company and the dealer without any final resolution.
15. That the complainant has spent considerable time, effort and resources in pursuing the matter.
16. That due to the negligence and indifferent attitude of the opposite parties, the complainant has suffered substantial inconvenience, mental agony, harassment and loss of valuable time.
3. Cause of Action
17. That the cause of action first arose on the date when the purchased product became defective.
18. That the cause of action further arose when the replacement product supplied by the opposite parties was also found defective.
19. That the cause of action continues to subsist as the opposite parties have failed to provide an effective remedy despite repeated complaints.
4. Deficiency in Service and Defective Goods
20. That the product supplied by the opposite parties falls within the definition of "Defect" under Section 2(10) of the Consumer Protection Act, 2019.
21. That the conduct of the opposite parties constitutes "Deficiency in Service" under Section 2(11) of the Consumer Protection Act, 2019.
22. That the repeated supply of defective products demonstrates serious shortcomings in quality control and customer service mechanisms.
23. That the opposite parties have failed to discharge their obligations towards the complainant despite repeated opportunities.
24. That the complainant has been deprived of the benefits and value for which consideration was paid.
5. Mental Agony and Harassment
25. That because of the acts and omissions of the opposite parties, the complainant has suffered:
(a) Mental agony and harassment;
(b) Continuous inconvenience;
(c) Loss of valuable time;
(d) Communication and incidental expenses;
(e) Physical inconvenience in daily life;
(f) Loss of confidence in the product and brand.
26. That the complainant is entitled to compensation for the aforesaid losses.
6. Grounds
The present complaint is maintainable on the following grounds:
A. Because the goods supplied were defective.
B. Because the replacement product was also defective.
C. Because the opposite parties failed to provide an effective and permanent solution.
D. Because there has been clear deficiency in service.
E. Because the conduct of the opposite parties amounts to unfair and negligent business practice.
F. Because the complainant has suffered financial loss, inconvenience and mental harassment.
7. Reliefs Sought
In view of the facts and circumstances stated above, it is most respectfully prayed that this Hon'ble Commission may kindly be pleased to:
(i). Direct the Opposite Parties jointly and severally to replace the defective product with a completely defect-free and tested product;
OR
Refund the entire purchase price of the product.
(ii). Award compensation of Rs. 50,000/- (Rupees Fifty Thousand Only) towards mental agony, harassment, inconvenience and deficiency in service.
(iii). Award litigation expenses of Rs. 25,000/-.
(iv). Award interest at the rate of 12% per annum on the amount found due from the date of complaint till realization.
(v). Award punitive damages against the opposite parties for repeated supply of defective products and failure to provide effective consumer redressal.
(vi). Pass any other order or direction deemed fit and proper in the interest of justice.
8. Interim Relief
Pending disposal of the present complaint, the Hon'ble Commission may direct the opposite parties to preserve all complaint records, replacement records and communications relating to the complainant.
9. Limitation
The present complaint is within limitation prescribed under the Consumer Protection Act, 2019.
10. List of Documents
1. Copy of Invoice No. 039 dated 12.03.2026.
2. Complaint No. C26051301844 dated 15.05.2026.
3. Complaint No. C26061500481 dated 15.06.2026.
4. Replacement authorization issued by CERA.
5. Photographs and videos of defective products.
6. Legal notice sent to the opposite parties.
7. Postal receipt, tracking report and delivery proof.
8. Copies of emails, messages and other communications.
9. Any other supporting documents.
PRAYER
It is therefore respectfully prayed that this Hon'ble Commission may graciously allow the present complaint and grant the reliefs prayed for herein.
And for this act of kindness, the complainant shall ever pray.
Place: Varanasi
Date: 18/06/2026
Complainant
(Dr. Durgesh Singh)
VERIFICATION
I, Dr. Durgesh Singh, the complainant above named, do hereby verify that the contents of paragraphs 1 to 26 of this complaint are true and correct to my personal knowledge and belief and nothing material has been concealed therefrom.
Verified at Varanasi on this 18 day of June, 2026.
Complainant
(Dr. Durgesh Singh)