DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: BHADRAK : (ODISHA).
Consumer Complaint No. 57 of 2022.
Date of hearing : 06.03.2023.
Date of order : 25.04.2023.
Dated the 25th day of April 2023.
Jitendra Kumar Jena,Vill:-Barapadi, Po:-Barikpur,
P.S:- Bhadrak (R), Dist:-Bhadrak. ………….. Complainant.
-:Versus:-
F.A. Trading Company, Near Niladri Hotel
Opposite Mangalabag, P.S:- Mangalabag,
Dist:- Cuttack, represented by sole Proprietor
Aliasyar Fakhruddin Bhai Saheb.
. .…………Opposite party.
P R E S E N T S.
1. Sri Shiba Prasad Mohanty, President,
2. Smt. Madhusmita Swain, Member.
Counsels appeared for the parties.
Counsel for Complainant : Sri Santosh Kumar Nayak, Advocate,
Counsel for Opp. Party : Sri B.P. Bal, Advocate & Associates.
J U D G M E N T.
Smt. MADHUSMITA SWAIN, MEMBER.
Complainant filed a complaint U/s 35 of Consumer Protection Act, 2019 seeking following relief “ To return Rs.45,000/- cost of Momos Roti Making Machine to the complainant or to supply a defect free new machine by replacing the old one with Rs.50,000/- towards mental agony, Rs.4,400/- towards Trolley fare & Rs.5,000/- towards business loss by the Opp. Party.”
Brief fact of the case is that, complainant is an unemployed graduate of village Barapadi, Po:- Barikpur, P.S/Dist:- Bhadrak which comes under the jurisdiction of this Commission. Being an unemployed graduate complainant started a fast-food shop at By-pass, Bhadrak namely “Aayan Backing” in the year 2018 & sold Momos in the shop to earn his livelihood & maintain his family. Being motivated by different advertisement of O.P. the complainant went to the Shop-cum-Manufacturing Unit of O.P. on 19.05.2022 and planned to purchase Momos Roti Making Machine in order to make his work easier in selling the Momos in his stall which he has set up to maintain his livelihood O.P. F.A. Trading Company, Near Niladri Hotel Cuttack is a self-cum-manufacturing unit of different food process machine & agriculture machine etc. and own its by Aliasyar Fakhruddin Bhai Saheb. Complainant selected one Monos Roti making machine to purchase from O.P. & the O.P. promised that he will bear the transportation charges from Cuttack to Bhadrak and will provide proper timely service even if any defect arise then he will replace the machine. As per terms & conditions of the O.P. the complainant gave advance of Rs.5,000/- on 20.05.2022 through phonePe the O.P. promised to manufacture the machine & supply to the complainant as soon as he receive total payment of the machine. On 28.05.2022 at 3.07 P.M. the complainant sent Rs.40,000/- to O.P. through phonePe but the O.P. did not supply the machine on that day as per his commitment. On 29.05.2022 at 8.30 A.M. an auto trolley loaded with Momo Roti making machine reached at complainant’s village with a warranty card of 5 HP V. Guard motor attached to the machine when complainant asked about bill of the machine the driver told that they have not sent any bill rather complainant gave Rs.2,200/- to the Auto driver as transportation charges. When complainant thoroughly checked the machine he found that it was an old-rebuilt, secondhand, renovated reconditioned machine not a new one. Complainant tried to contact O.P. several times to complain that the machine is not functioning properly but the O.P. put a deaf ear to the grievance of complainant. On 29.05.2022 complainant sent a video through whatsApp to the O.P. that the machine is not functioning properly. The O.P. did not give any service to the complainant to rectify the defect in the machine hence this complaint.
Following documents attached to the complaint petition :
- Warranty Card of 5 hp V. Guard motor fixed with the Momo Roti making machine.
The O.P. filed written version on 27.08.2022 & in which it is stated that complainant has purchased Momo Dough Sheeter Machine with 0.5 V. Guard electric copper motor single phase 1440 rpm from the O.P. by paying Rs.45,000/- on 28.05.2022.
At the time of delivery of machine to the complainant the auto driver handed over the invoice along with Warrant card of the V. Guard motor. It is also stated that O.P. sold a brand new machine with one year duly warranty and there was no inherent manufacturing defect in the machine as alleged by the complainant.
It is clear from the written version of O.P. that complainant purchased a Momo Dough Sheeter machine from O.P. on consideration of Rs.45,000/-. Complainant has submitted an expert report from Engineer Mr. Chandramani Baral on 16.04.2023.
The expert submitted that the machine found to be a rebuild, second hand & renovated one & an old machine being coloured recently, Gearbox is defective & not giving proper produce. Except 0.5 hp V. Guard motor all other parts fitted in the machine are old & the motor is not functioning properly and other parts are not properly functioning. Overall impression of expert is that the machine is remaining idle at complainant’s house.
As per expert statement the machine is rebuilt, preowned & renovated one and not a new one which is a unfair trade practice on the part of the O.P. The machine shows defects within one year and it is within the warranty period as stated by O.P. entire machine is within one year warranty without sorting out the defect of machine for which complainant losses his business in which he maintaining his livelihood which is negligence on the part of O.P. which leads deficiency in service on the part of O.P.
Hence, we allow the complaint. It is ordered that the O.P. shall replace the defective old Momo Dough Sheeter machine with a new one or refund the cost of machine i.e. Rs.45,000/- to the complainant. The O.P. shall pay Rs.10,000/- as mental agony and business loss & Rs.5,000/- as cost of litigation to the complainant. The order is to be complied within 30 days from the date of receipt of the order. Accordingly consumer complaint is disposed of.
This order is pronounced in the open Court on this the 25th day of April 2023 under my hand and seal of the Commission.
