By Smt. PREETHI SIVARAMAN.C, MEMBER
1. The complaint in short is as follows:-
Complainants are running a partnership firm in the name and style of M/s Grand Engineering for their livelihood and first complainant is the managing partner and second complainant is the partner of the firm. They are the manufacturers of iron door frames and window frames using different types of galvanised iron sheets.
2. First opposite party offered two machines for making iron door frame and window frame using different types of galvanised iron sheets. The machines are comprising of bending machine in which iron sheets can be bend at 90degree angle and cutting machine to cut iron frames. First opposite party offered and assured that all types of iron sheets can be bend at 900 angle and cut the iron sheets for manufacturing iron door frames and window frames.
3. By believing the words of first opposite party ,complainant ordered and purchased the machine from opposite parties and complainants paid an amount of Rs.12,15,636/-, the cost of machine as per invoice No.515 to opposite parties. The opposite parties had generated an e-way bill in favour of M/s Grand Engineering Kerala to complainant for the above transaction and complainants paid Rs. 70,050/- to opposite parties for transporting the machine from Gujarat to complainants place. The machine was installed by the opposite parties, but while using the machine it has not been working properly. After one month of its purchase, complainants were not able to use the machine for a single use. It is a manufacturing defect of the machine. The iron sheets are not bend in the 900 angle.
4. The machine is not working properly and there occurred wastage of iron sheets and complainants incurred heavy loss due to that. They are paying rent for the building as per rent agreement and as on now they paid Rs. 75,000/- as rent. More over they had purchased galvanized iron sheets for an amount of Rs. 70,001/- and HR sheet TATA 10mm for an amount of Rs. 40,002/- .The whole sheet has been lost due to the non bending of the iron sheets by the machine at 900. They again stated that they had incurred a loss of Rs. 2,00,000/- as labour charge. They also contented that there occurred a loss of Rs. 6,010/- as electricity bill. Moreover they have paid an amount of Rs. 10,000/- as service charge of engineer and they had purchased Altech Hyd Aw Golden 68 – 210 litres lubricants and hydraulic oil for an amount of Rs. 42,000/- for the working of machine. The act of the opposite parties amount to deficiency in service and unfair trade practice. Opposite parties supplied machine having manufacturing defect. The act of opposite parties is a clear deficiency in service and unfair trade practice from the side of opposite parties which caused mental agony , monitoring loss and suffering to complainants. Hence this complaint.
5. The prayer of the complainants are that , they are entitled to get a full refund
of Rs. 12,15,636/-the cost of the machines and they also entitled to get Rs. 70,050/- as the transportation charge paid by them with 12% interest, Rs. 75,000/- towards rent , Rs. 1,10,003/- the cost of iron sheets, Rs. 2,00,000/- towards labour charge, Rs. 6,010/- towards electricity charge, Rs. 10,000/- towards charge of service engineer Rs. 42,000/- towards charge of hydraulic oil Rs. 25,00,000/- as compensation on account of deficiency in service and unfair trade practice on the part of opposite parties and thereby caused mental agony, physical hardships and sufferings to the complainants and Rs. 25,000/- as cost of the proceedings.
6. On admission of the complaint notice was issued to the opposite parties and notice served on them and they did not turn up. Hence opposite parties set exparte.
7. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 to A7. Ext.A1 is the true copy of the tax invoice for an amount of Rs. 12,15,636/- issued from M/s Rajesh machines dated 04/03/2021. Ext.A2 is the true copy of money receipt issued by Janvi Logistics for transportation charge of Rs. 70,050/- dated 08/03/2021. Ext. A3 is the true copy of e-way bill dated 14/03/2021, Ext. A4 is the true copy of the GST invoice issued by KM Steels for iron sheets worth Rs. 70,001/- dated 10/04/2021, Ext. A5 is the true copy of GST invoice issued by KM Steels for iron sheets worth Rs. 40,002/- dated 12/04/2021. Ext. A6 is the true copy of GST invoice issued by Global Lubricants for hydraulic oil worth Rs. 42,000/- dated 17/03/2021. Ext. A7 is the true copy GST registration certificate dated 07/01/2021.
8. Heard the complainants and perused the affidavit and documents filed by complainants. The allegations against opposite parties are proved by the unchallenged evidence of complainants. There is no contra evidence in this matter. Moreover complainants submitted seven documents which are very supportive to prove their case. But complainants did not produce the details of rent agreement and details of monthly rent, documents regarding labour charge, electricity bills, bill for charge of service engineer etc. Hence we are unable to give that amounts to complainants. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite parties as alleged in the complaint. Hence we allow this complaint holding that opposite parties are deficient in service.
9. We allow this complaint as follows:-
- The opposite parties are directed to refund Rs.12,15,636/-(Rupees Twelve lakh fifteen thousand six hundred and thirty six only) cost of the machines to the complainants and complainants are directed to return the damaged machines to opposite parties after payment made by them and opposite parties are directed to take the machine from the premises of complainants. .
- The opposite parties are directed to pay Rs.2,00,000/-(Rupees Two lakh only) to complainants which they already had spent for transporting the machines from Gujarat to Karipur, for galvanised iron sheets, HR Sheets TATA and for Lubricants .
- The opposite parties are directed to pay compensation of Rs. 50,000/-(Rupees Fifty thousand only) to the complainants on account of deficiency in service on the part of opposite parties and thereby caused mental agony, physical hardships and sufferings to the complainants.
- The opposite parties also directed to pay Rs.5000/-(Rupees Five thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainants within 30 days from the date of receipt of copy of this order, the opposite parties are liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 30th day of June, 2023.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A7
Ext.A1 : True copy of the tax invoice for an amount of Rs. 12,15,636/- issued from
M/s Rajesh machines dated 04/03/2021.
Ext.A2 : True copy of money receipt issued by Janvi Logistics for transportation
charge of Rs. 70,050/- dated 08/03/2021.
Ext. A3 : True copy of e-way bill dated 14/03/2021.
Ext.A4 : True copy of the GST invoice issued by KM Steels for iron sheets worth RS.
70,001/- dated 10/04/2021,
Ext.A5: True copy of GST invoice issued by KM Steels for iron sheets worth Rs.
40,002/- dated 12/04/2021.
Ext.A6 : True copy of GST invoice issued by Global Lubricants for hydraulic oil worth
Rs. 42,000/- dated 17/03/2021.
Ext. A7 : True copy GST registration certificate dated 07/01/2021.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
