DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SUBARNAPUR
C.D. Case No.5 of 2015
Premananda Behera, S/o. Suban Behera, aged about 33 years, R/o. village – Kusanpuri, P.S. Barpali, District – Bargarh.
………….. Complainant
Vrs.
1. Managing Director, Standard Corporation of India Ltd. Standard Chowk, Barnala District – Barnala, Punjab - 148101.
2. Mr.Mukund Meher, Prop. Millan Motors, near Saraswati Sishu Mandir, At/P.O./P.S. – Dunguripali, District - Subarnapur.
3. Chief Managing Director, L & T Finance having its corporate Office at – 38, Laxmi Towers, C – 25, “G” Block, Bandra Kurla Comples, Bandra (East), Mumbai – 400051 (Maharastra).
………….. Opp. Parties
Advocate for Complainant ………. Sri N.D.Bhoi
Advocate for the O.Ps. No.1 and 2 ………. Sri P.K.Purohit
Present
Sri S.C.Nayak, President
Smt.S.Mishra, Lady Member
Sri H.Padhan, Male Member
Date of Judgment Dt.05.08.2017
J U D G M E N T
By Sri S.C.Nayak, P.
This is complainant’s case alleging deficiency of service on the part of the O.Ps.
The complainant’s case is a nut shell is described below.
The complainant is an educated youth and unemployed person wanted to be self sufficient by engaging himself in agricultural business. Therefore he purchased a harvester from the O.P. No.2 on the hypothecation of O.P. No.3. The complainant though was willing to purchase 2DW machine, on the persuasion of O.P. No.1 he purchased a 4WD machine. After using the machine the said 4WD machine was found defective. The matter was reported to the O.P. No.2, who intimated the same to O.P. No.1. The O.P. No.1 sent his technicians 5 times in a year, but they failed to repair the same. Hence the complainant has prayed that the O.Ps. be directed to replace the 4WD machine of the complainant by a 2WD machine and return back the excess amount with bank interest to the complainant. The O.P. No.2 be directed to help the complainant in the process. O.Ps. be directed to pay compensation of Rs.9,00,000/- for deficiency in service and the O.Ps. be directed to pay Rs.50,000/- towards cost of litigation. O.P. No.3 be directed not to take any coercive action against the complainant.
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The O.Ps. were noticed in this case. Although they entered appearance through advocates, did not file written version even after several adjournments. The advocate for O.P. No.1 and 2 on the date of hearing filed a petition to grant time for filing written version. The same was rejected and he was allowed to participate in the hearing and accordingly he also participated in the hearing. The O.P. No.3 even did not participate in the hearing and remained absent on the date of hearing.
After hearing the case was fixed for order on dt.4.8.2017. On dt.1.8.2017 the advocate for OP.P. No.1 and 2 filed a petition to accept the show cause, show cause, notes of argument and some documents which was ordered to be put up on the date fixed. Accordingly this was put up before us on 4.8.2017, on that date we have heard on the petition and the same was rejected. However we have perused the notes of argument and documents. As we were busy in other cases the case was fixed today for order. We have perused the averments of the complainant in the complaint petition. From the perusal of the complaint petition submissions of learned counsels during hearing, the following points fall for determination by the Forum :
i). Is the complainant a Consumer ?
ii). Have the O.Ps. committed deficiency in service ?
iii). To what relief the complainant is entitled ?
The learned counsel for O.P. No.1 and 2 argued that the complainant is not a consumer. He vehemently argued that the complainant is engaged in agricultural business and as such he is not a consumer. But we are unable to accept the said submission in as much as the complainant has claimed that he is an unemployed youth and he has purchased this harvester for his self employment. In the absence of evidence to the contrary we are inclined to believe that the complainant has purchased the harvester for his self employment and as such he is a consumer.
The advocate for O.P. No.1 and 2 submitted that the harvester have been satisfactorily repaired by the O.Ps. He has produced certain job cards. We have perused the same. On the 1st Job Card filed originally the date was 3.11.2016, but the letter 3 has been rewritten as 4. The consumer’s name has been written as Anand Behera, instead of Premanand Behera. So this job Card does not inspire confidence. The other two job cards
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relate to dt.13.1.2014 and 17.5.2015. The advocate for O.P. No.1 and 2 allege that on these dates the harvester has been repaired satisfactorily. But complainant has filed letter No.MM/01/15-16 dt.10.6.2015 of O.P. No.2 written to the O.P. No.1. In this letter the O.P. No.2 has written that while installing the harvester. Mr.Jagtar Singh had forgotten using return pipe which connects tractor to 4 wheel. Due to this four days later the starset got seized and was replaced. There after gear oil leakage continued Mr.Jagatar Singh, Singhoda, Amharic Singh and the mechanic of Milan Motors have attended the complaints more then 5 times. But till 10.3.2015 this defect is continuing . The O.P. No.2 has also written in this letter that Mr.Jagatar Singh had committed to convert 4 wheel drive into 2 wheel drive if gear oil leakage problem persists. Hence the O.P. No.2 requested the O.P. No.1 to take immediate initiatives in this connection.
On 4.8.2015 the O.P. No.2 vide his letter No. MM/10/15-16 intimated these facts to O.P. No.1. In this letter he has written that till that date i.e. 4.8.2015 no action has been taken in this regard. So he requested the O.P. No.1 to depute their technicians to change the 4WD into 2 WD.
These, letters can be treated as an admission on the part of O.P. No.2 regarding the defect of the harvester. From these two letters we ascertain that the harvester was defective from the beginning and the defects has not been removed. So the defect of the harvester is apparent on the face of record. If the harvester would have been successfully repaired by the O.Ps. on the earlier dates, the O.P. No.2 would not have written such letters on subsequent dates. So we are of the opinion that there has been deficiency in service on the part of O.P. No.1.
Now it is to be seen to what relief the complainant is entitled. The complainant has claimed for replacement of 4WD harvester by a 2WD harvester. But we find that the complainant has accepted the 2 WD tractor without any protest, may be on the persuasion of O.P. No.1. So his prayer for this cannot be allowed.
But as we have observed that the harvester is defective, we direct the O.P. No.1 and 2 to make it functional at the cost of the O.P. No.1. If it cannot be made functional then it
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should be replaced by a new trouble free harvester of the same make and model by the O.P. No.1. The O.P. No.2 should assist the complainant in the process. The O.P.No.1 is also directed to bear the interest on the loan amount of the complainant from the date of loan till the date of repair or replacement of the harvester. The O.P. No.1 is also directed to pay Rs.30,000/- to the complainant towards compensation and Rs.3000/- towards cost of litigation. As we have not found any deficiency on the part of the O.P. No.3 he is freed from the liability. We order accordingly.
O R D E R
It is hereby ordered as follows :-
1. The harvester of the complainant should be made functional at the cost of the O.P. No.1. If it cannot be made functional the O.P. No.1 is directed to replace the same with a new trouble free harvester of the same make and model. The O.P. No.2 is directed to assist the complainant in the process.
2. The O.P. No.1 should bear the interest on the loan amount of the complainant from the date of loan till the date of repair or replacement of the harvester.
3. The O.P. No.1 shall pay Rs.33,000/- (Rupees Thirty Three thousands) to the complainant.
All these should be done within one month from the date of order.
Complaint is partly allowed.
Dated the 5th August 2017
Typed to my dictation
I agree. I agree. and corrected by me.
Sri H.Pradhan, Smt.S.Mishra, Sri S.C.Nayak
Male Member Lady Member President
Dt.05.08.2017 Dt.05.08.2017 Dt.05.08.2017
