Heard learned counsel for the complainant.  None appears for the respondent.

2.        Captioned appeal is filed u/s 41 of the Consumer Protection Act, 2019 (hereinafter called the ‘Act’). Parties to this appeal shall be referred to with reference to their respective status before the District Forum.

3.        The case of the complainant in nutshell is that the complainant  had purchased a semi automatic with Wings Sanitary Napkin machine and training kit worth of Rs.4,83,800/- under due quotation dated 29.8.2018 from opposite party no.1 for production of 2400 nos of sanitary pads a day i.e. 8 hours with engagement of four workers. But the said machine did not produce 2400 nos pads as per promise made to him by the opposite party. The machine went defective, so the complaint was filed.

4.        It is submitted by the opposite party no.1 that complainant had purchased the machine only after fully satisfied with the efficiency of the machine. When the opposite party got the first complaint on 13.5.2019, then they sent the spare parts through Mr. Virag along with the driver on 8.6.2019 and the maintenance engineer personally visited her unit and rectified the defect. But the complainant alleged deficiency in service on the part of the opposite party.

5.        Both the parties submitted that the machine although new, it has got defective as per the complaint. Therefore the complainant requested the opposite party to take back the old machine and refund the full cost of the machine.

6.        It appears from the document that old machine was there along with the new machine supplied. The complainant submitted that the new machine is also defective. When two machines are there and both are defective, expert opinion should to be called for. When the complainant is not satisfied with the new machine also, the opposite party is directed to take back the old and new machine and refund the cost of machines with 6% interest.

7.        Hence the appeal is allowed in part. The appeal is disposed of with a direction to the opposite party to take back the  two machines from the complainant and pay the entire cost of the machine as received from the complainant with interest @6% from the date of impugned order till the date of payment made.

DFR be sent back forthwith.

          Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.