ORDER                               Date:    06.03.2017

Mrs. Manju Bala Sharma, Member

1. Brief facts relevant for the disposal of this complaint are  that on the basis of representation made by the OP,  complainant placed order for purchase of one Four Die Fully Automatic Dona Machine  with ISI Trademark and paid  Rs. 2 Lacs to OP in cash for the said machine vide bill No. 190 dated 24.01.2014. Complainant further alleged that he gave specification of the machine to be manufactured and supplied by  OP in January, 2014  but the OP did not manufactured the machine as per specification. The machine was also not carrying ISI Mark. The machine manufactured and supplied was defective and it burnt the material and caught fire and  flames went a high number of times, as a result to which, electric motor attached to the machine  was also burnt. Accordingly  he informed OP about the same and prayed for refund  but OP  did not remove the defect and has also not refunded the amount of Rs. 2 lacs received by it. Complainant told to OP that the machine  manufactured and supplied was defective and was of no use and as such the OP directed the complainant to deliver back the machine to his representative Shri Sunil Kumar. The machine was delivered against receipt dated 30.03.2014 at CB -62A, Ring Road, Naraina , New Delhi and the same was taken by Shri Sunil Kumar through tempo bearing no. DL-IA-3790. OP confirmed and acknowledged the receipt of machine on telephone. Complainant further stated that the machine is still lying with him and has not been returned and in the said circumstances  he had to close down his business and remained without work for two years. The complainant contacted the OP on telephone number of times to convey about the fate of the machine and also called upon him to return the amount and compensate him but OP threatened and shouted at the peak of its  voice and  the complainant shall face dire consequences and threatened that the he should not contact him. The matter was reported to the police vide complaint dated 04.09.2015/07.09.2015 received at P.S. Maurya Enclave vide DD No. 58B dated 11.09.2015. Hence complainant pleaded deficiency on the part of OP and prayed that an award for an amount of Rs. 11,00000/- (Rupees eleven lac only) with pendent elite interest @ 12% per annum till its payment  along with cost of litigation be made in his favour also prayed to grant other further relief as this Hon’ble Forum deems fit and proper to him.
2. Despite service of notice OP failed to appear hence OP was ordered to be proceeded with Ex-parte vide order dated 25.10.2016.
3. Complainant filed its evidence by way of affidavit and reiterated the facts stated in the complaint.
4. Heard the complainant and perused the documents placed on file. As OP did not come forward to contest the complaint of the complainant hence the allegations contained in the complaint followed by affidavit of evidence remained unrebutted. Considering the allegations contained in the complaint that the complainant placed the order for four Die fully automatic Dona machine which was supplied to him in January 2014 and after making complaints regarding defective machine when not attended by the OP the same was returned to Sh. Sunil Kumar , Representative of OP on 30.03.2014 we have no other option but to hold OP liable to make good the loss of the complainant.
5. We, therefore, hold that there is deficiency in service on the part of OP and OP is   liable to pay to the complainant a sum of Rs.2,00,000/- (cost of the machine ), sum of Rs. 20,000/- as compensation to the complainant and to pay  a sum of Rs. 5,000/- as cost of litigation.
6. This order shall be complied with by OP within a period of 30 days from the date of receipt of this order failing which an interest of @ 10% per annum will be payable on whole  amount mentioned above  from the date of this order till realization. Copy of this order be  made available to the parties free of cost as per law.  File is consigned to record room.

Announced on this.....................