Orissa

Sambalpur

CC/2/2021

Sri. Purna Chandra Pradhan - Complainant(s)

Versus

1- Sri. Chandrahasa Pradhan,Proprirtor - Opp.Party(s)

Sri. R.N. Debata, B.D. Sahu & P.Debata

31 Oct 2022

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 02/2021

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

 

Sri. Purna Chandra Pradhan,

S/O- Late Nityananda Pradhan,

R/o- Lusura, PO- Simlipal, Dist- Sambalpur                           ...………..Complainant

                                                Versus

 

1.       Sri. Chandrahasa Pradhan,Proprirtor.

M/S. Pradhan Machinery, Jadumanipatna,

Near B.B. College, At/Po- Redhakhol-768106

Dist- Sambalpur, Odisha

2.       The Managing Director, M/S. BTL EPC LTD-2

Jessore Road, Dumdum, Kolkata-700028 (WB)                     …………...Opp.Parties

 

Counsels:-

1. For the Complainant                   :-         Sri. R.N.Debta, Advocate & Associates
2. For the O.P. No.1                                    :-         Ex-parte
3. For the O.P.2                                :-         Sri. Sri. S.Mahapatra, Advocate

 

Date of Filing:11.01.2021,Date of Hearing :12.09.2022, Date of Judgement : 31.10.2022

  Presented by Dr. Ramakanta Satapathy, PRESIDENT,

1. The case of the Complainant is that the Complainant purchased a Shrachi power Tiller with Cog wheel bearing Engine No. 805389 & Chasis No. 1928165 from O.P. no.1 for Rs. 1,74,000/- on 08.03.2020 vide Bill No. 09 dated 07.03.2020. One Jhasketan Dehury, representative of O.P. No.1 successfully demonstrated the functioning of power tiller in the field.

The O.P. No.2 is the manufacturer and O.P. No.1 is the dealer. On 28.03.2020 first servicing was made. On 29.03.2020 there was break down. On Complaint the O.P. No.1 repaired the air cleaner. On 17.04.2020 being informed again the power tiller was repaired by replacing the gear box shaft by O.P. No.1. On 10.07.2020 third serving was done. On 16.07.2020 again when it was break down the O.P. no.1 changed the piston ring. On 19.07.2020 it was break down and laying in the paddy filed since then. The O.P. No.1 examined the power tiller and informed that rotary shaft and pinion have been damaged and expressed that those parts are not available with O.P. no.1 and it could not be repaired. The O.P. no.1 expressed his inability after repeated request also and shifted responsibility to the manufacturer. The power tiller was operated for 30 to 40 hours but in each successive five to ten hours use was break down. It is a defective one. The Complainant sustained heavy loss in agricultural operation due to non-functioning of power tiller and harassed. The losses are about Rs. 1000/- per day since 20.07.2020.

On 29.08.2020 an advocate notice was sent requesting replacement with new one or to refund the cost but the O.Ps remained silent.

Being aggrieved the complaint was filed.

2. The O.P. No.1 dealer after receipt of the notice also did not turn up and on 17.03.2021 set ex-parte.
3. The O.P. NO.2 manufacturer in its version submitted that the Complainant is not a consumer as the power tiller was purchased for commercial purpose to use in open market and /or sabzi mandis. The O.P. NO.2 is a stranger to the Complainant. The O.P. No.1 is a proprietorship firm engaged in the business of buying and selling Agro machinery in and around Orissa. The O.P. No.1 and O.P. No.2 entered into a Non-Exclusive Dealership Agreement on 12.11.2019. The O.P. No.1contractually obliged to perform marketing, promotion, distribution, sales and sales services. The Agreement was for three years, the transactions, negotiations etc. with the Complainant. As per dealership/Distributorship agreement the dealer/distributor is liable for service and the O.P. No.2 will give technical support. In case of termination of dealership the O.P. No.2 is liable for after sale service till the period of warranty. The O.P. No.2 has filed the job card and the O.P. No.1 provided proper service to the Complainant. There is no privity of contract with O.P. No.2. The O.P. No.2 prayed for rejection of the Complaint.
4. Perused the documents filed by the parties along with complaint and version of the O.P.No.2 and the following issue are framed:

 

 

103606587.  

1. Whether the Complainant is not a consumer of the O.Ps?
2. Is there any deficiency on the part of the O.Ps to provide service and the product sold is defective one?
3. What relief the Complainant is entitled to get?

Issue No.1 Whether the Complainant is not a consumer of the O.Ps?

The O.P. No.1 on 07..03.2020 issued a bill in favour of the Complaint for Rs. 1,74,000/- for sale of a Shrachi Champion Model-A18N cog wheel power tiller. The O.P. No.2 has issued instruction manual and the O.P. NO.1 issued the manual, delivered the power tiller on 05.03.2020 having Engine No. 805389 and chasis No. 1928165. As per warranty policy one year warranty or 280 hours operation which ever is earlier has been granted. The O.P. No.2 in its version categorically admitted the dealership/distributorsip agreement dated 12.11.2019 and the validity period is three years. The O.P. no.2 assured the technical support to O.P. No.1. Although it is a stranger to the Complainant but the money bill issued by O.P. No.1 and warranty card. proves the privity of contract between the Complainant and O.Ps. The O.P. No.2 can not escape from its liability as product manufacturer.

It is the further allegation of the O.P. No.2 that the power tiller is used for commercial activities, engaged in local market/ sabzi mandis. To that effect the contention of the O.P. No.2 is not acceptable as no evidence has been led against the Complainant. In the other hand the contention of the Complainant is that after several break down on 19.07.2020 the power tiller was break down and is lying in the paddy field since then. From the very statement it is clear that the Complainant was using the power tiller in personal cultivation.

With this observation the Complainant is consumer of the O.Ps as per sec. 2(7) of the consumer protection Act, 2019.

Issue No.2 Is there any deficiency on the part of the O.Ps to provide service and the product sold is defective one?

The Complainant has made complaints on 29.03.2020, 17.04.2020, 03.07.2020, 16.07.2020 and lastly on 19.07.2020 about break down of the power tiller. The Advocate notice dated 29.08.2020 corroborate to the incidents of break down. From the job card and technician report of  Siddhartha Biswal it reveals that parts have been changed especially relating to gear box. Neither the O.P. No.1 nor the O.P. No.2 have given any reply to the pleader notice. Further as the incidents are within period of warranty and action taken after 19.07.2020 by the O.Ps are totally silent, proves the negligency of the O.Ps. The O.P. No.1 neither attended the power tiller nor the O.P. No.2 gave any technical support for running of the power tiller. Accordingly, it is concluded that the power tiller was having manufacturing defect and for the deficiency in service the Complainant could not get proper service and sustained loss in his agricultural operation.

The issue is answered against the O.Ps.

Issue No.3 What relief the Complainant is entitled to get?

From the supra discussion it is clear that for manufacturing defect the power tiller was again and again getting break down. For the deficiency in service of the O.Ps the Complainant sustained loss and entitled for the relief.

Accordingly, it is ordered:

ORDER

The complaint is allowed on contest against O.P. No.2 and ex-parte against O.P. No.1. The O.Ps are jointly and severally liable for the damage sustained by the Complainant. The O.Ps are directed to replace the defective Shrachi Power tiller Engine No. 805389 and Chasis No. 1928165 with new one and same specification within one month of this order, failing which the O.Ps are liable to pay Rs. 1,74,000/- with 12% interest P.A. w.e.f 19.07.2020 till realisation. Towards harassment and compensation the O.Ps are liable to pay Rs. 50,000/- and litigation expenses of Rs. 10,000/-.

Order pronounced in open court on this 31^st  day of Oct. 2022.

Supply free copies to the parties.