BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
CACHAR :: SILCHAR
Con. Case No. 25 of 2012
Azizul Hoque Laskar , ……………………………………….………… Complainant.
-V/S-
1. Cones India Engineering Works,183/2C2,
Thuran Fiber Compound, Rangasamudhram,
Suleeswaranpatti (P.O), Pollachi-642006. O.P No.1.
2. Coir Board (Represented by the Officer-In-Charge),
Sub-Regional Office, Coir Board,
Govt. of India, ASIDC Ltd. Complex, Bamunimaidan, Guwahati-21 O.P No.2.
3. Barak Vision (NGO) Represented by its Directior,
Md. G.M. Choudhury,
Vill & P.O- Hasanpur, Dist. Karimganj-788806. O.P No.3.
4. Central Bank of India, (Represented by its Branch Manager,
Borkhola Branch,
P.O- Borkhola, Dist. Cachar-788110. O.P No.4.
Present: - Sri Bishnu Debnath, President,
District Consumer Forum,
Cachar, Silchar.
Mrs. Chandana Purkayastha, Member,
District Consumer Forum,
Cachar, Silchar.
Shri Kamal Kumar Sarda, Member,
District Consumer Forum,
Cachar, Silchar.
Appeared :- Sri A. Biswas Advocate for the Complainants.
Sri Biplob Deb, Advocate for the O.P. No.1
Sri Irshad Ahmed, Advocate for O.P.No.2
Sri Mehboob Hussain Mazumder for O.P.No.3
Sri S.N. Bhattacharjee, Advocate for O.P. No.4
Date of Evidence……………….. 29-01-2013, 26-03-2013, 18-04-2013, 22-05-2013
Date of written argument……… 07-07-2015, 11-05-2017, 13-06 2017
Date of oral argument………….. 24-10-2017
Date of judgment………………. 09-11-2017
JUDGMENT AND ORDER
Sri Bishnu Debnath,
- Azizul Hoque Laskar brought the complaint under the provision of Consumer Protection Act,1986 against Cones India Engineering Works,183/262 Pollachi and 3 (three) others for award of refund of cost of Coir Machine and cost of Factory Shed and compensation for harassment, disservice, mental agony for failure to run coir units set up under REMOT Scheme of Coir Board and also cost of the proceedings.
- Brief facts:-
The complainant herein above successfully completed 12 days training programme for running Coir Industry under O.P No. 3. Thereafter, at the instance and recommendation of O.P No.2 and O.P No.3 they applied for Bank loan with 40% subsidy per unit. Accordingly, O.P No.4 the Central Bank of India, Barkhola Branch sanctioned Rs.2,00,000/- per unit for applicant which includes Rs.1,20,000/- as cost of Coir Machine and remaining Rs.80,000/- for construction of Factory Shed. Thus, in course of process Factory Shed of the unit as per applicant’s choice of place constructed on released of the amount from Bank. The Bank also released 90% price of Machines. The Machine erected at the unit by the Mechanic of the O.P No.1 as the said O.P No.1 supplied the Machine. But the Machine did not able to run to start production. For which applicant made several correspondence with allegation that the quality of Electric Motor Supplied is very poor to such extent that it fails to rotate even unloaded rope making units, a lot of damaged and shortage parts of already dispatched Coir Machine were not supplied, the Machine did not install properly etc.
- Notice issued to the O.Ps. They have submitted the W/S separately. The O.P No.2 and 3 in their W/S stated inter-alia that the complainant is not consumer under them, for which no relief can be granted against them. Similarly, the O.P No.4 in its W/S stated inter-alia that there is no disservice on its part, hence, no cause of action has arisen against the O.P No.4. However, the O.P No.1 admittedly the supplier of the Coir Machines, denied all the allegations. The said O.P stated inter-alia in the W/S that successfully installed the Machine in the year of 2010 in presence of the official of O.P No.2, the representative of O.P No.3 and O.P No.4, which has been duly confirmed by them and warrantee period of one year is already elapsed much earlier. Thus, question of negligence and disservice on the part of O.P No.1 does not arise.
- During hearing, the complainant side examined Mr. Azizul Hoque Laskar and exhibited as many as 27 (Twenty Seven) documents. The O.P No.1 examined Mr. K. Sugunakumar to establish the plea that very superior quality of Machines supplied and technical staff/team repeatedly attended the Machines 4/5 times and installation and test drive of Machines have been done in presence of the official O.P No.2, 3 and 4. The O.P No.2 also submitted statement of V. Sudheer on affidavit. The O.P No.3 examined Gulam Mahammad Choudhury on oath and O.P No.4 examined Sri Sudhir Kumar, the Branch Manager on oath to support the plea taken in the W/S and also exhibited some documents to establish the facts regarding sanction of loan etc.
- At the ends of evidence, the complainant submitted written argument. The O.P No.1 to 4 also submitted their W/S but O.P No.1 and 2 did not orally argue the case. However, we have heard oral argument of complainants, O.P No.3 and 4.
- In this case, it is admitted fact in view of Complainant, W/S and evidence on record that the O.P No. 3 is the NGO who gave 12 days training to complainant in respect of production of Coir, as per the Scheme lunched by the O.P No.2. The O.P No.4 is the financer who sanctioned loaned as per the Scheme and made payment of cost of Machine and cost of construction of Factory Shed of the unit. The O.P No.2 is the Coir Board, which is an Organization of Govt. of India. The said O.P No.2 lunched the Scheme for setting up Coir units with 40% subsidy. However, it is the O.P No.1 who supplied the Coir Machine for the unit on receiving price of each Machine.
- However, from careful perusal of evidence on record it is revealed that the Coir Machine of the units is not running at all to start production. The complainant by adducing evidence tried to establish the allegation that motor of the Coir Machine was very poor to such extent that it failed to rotate even unloaded rope making unit and some parts of Machines were damaged etc. The said plea has been supported in view of letter addressed to office-in-charge of Sub Regional Office of Coir Board i.e, O.P No.2, vide Ext. 10 letter.
- The O.P.No.1 in its W/S took plea that one of the cause for not running the machine is Low Voltage.
- However, there is no proof of the plea of both the side. So, at this stage from the available evidence on record, it is not able to conclude as whether the area where Machine is installed is available only Low Voltage or whether the motor of the Machine is poor to take load to run. Nevertheless, from the evidence on record, it is crystal clear that Machine installed in the units is unable to run to start production.
- If power is law in that area than it is the duty of the O.P No.1 to instruct the complainant to make a temporary arrangement by hiring a generator/stabilizer to supply requisite power to run the Machine for the sake of satisfying the complainant that the Machine is alright, but no such attempt had made by the O.P. That is why, with the improved fact of low power as alleged the O.P No.1, the supplier cannot be absolved from the responsibility to run the Machine.
- However, in our considered view due to deficiency of service of the O.P No.1 the Machine installed to the unit is not running to start production. So, the O.P No.1 is liable to compensate the complainant both for monetary loss as well as mental agony.
- However, in this case we do not find any relevant fact to establish consumer and service provider relation between complainant and O.P No.2 and 3, in respect of purchasing the Coir Machine, installation of the Machine and running the Machine for production.
- Hence, no relief is entitled by the complainant from the O.P No.2 and 3. The O.P NO.4 is Banker. The said O.P sanctioned loan as per the Scheme and extended all required service. As such there is no deficiency of service toward complainant. So the complainant is not entitled any relief from O.P No.4.
- With the above and considering all aspect, the O.P No.1 is asked to take back all the Machine if unable to run the machine with all means to start production within 45 days from today and pay a lamp-sum compensation of Rs.25,000/- for each units to the Complainant, which include cost of proceeding and compensation for mental agony. In the event of taking back the Machine of each unit the O.P No.1 is to refund the price of each Machine with prevailing rate of interest asked for by the O.P No.4 with effect from the date of receiving the price by the O.P No.1 in earlier occasion directly the O.P.No.4.
- With the above, this case is disposed of on contest. Supply free certified copy of judgment to the parties. Given under hand and seal of this District Forum on this the 9th day of November, 2017.
