Date of Filing: 23-05-2013
Date of Disposal: 20-02-2014
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ANANTHAPURAMU
PRESENT: - Sri S.Niranjan Babu, B.A., B.L., President (FAC).
Smt.M.Sreelatha, B.A., B.L., Lady Member.
Thursday, the 20th day of February, 2014
C.C.NO.109/2013
Between:
P.Anand Chowdary
S/o Sannappa Chowdary
M/s Anand Filling Station,
Nuthimadugu Village,
Kambadur Mandal,
Ananthapuramu District. … Complainant
Vs.
Gudipudi Ramakrishna
Father’s Name not known
Proprietor, Deepti Engineers
Plot No.18, Road No.1,
Jupiter Colony, Sikh Road
Secunderabad. … Opposite party
This case coming on this day for final hearing before us in the presence of Sri B.Viswanath, advocate for the complainant and the opposite party is called absent and set-exparte and after perusing the material papers on record and after hearing the arguments on the complainant’s side, the Forum delivered the following:
O R D E R
Sri S.Niranjan Babu, President (FAC) : - This complaint has been filed by the complainant under section 12 of Consumer Protection Act, 1986 against the opposite party claiming a sum of Rs.2,05,000/- towards cost of the Generator and towards rent @ Rs.10,000/- per month from the date of purchase of the Generator till the date of realization and also to award Rs.50,000/- towards deficiency of service and Rs.25,000/- towards mental agony and costs.
2. The brief facts of the complaint are that: - The complainant is a permanent resident of Nuthimadugu Village, Kambadur Mandal, Ananthapuram District and he is running a Oil Filling Station in the name and style of M/s Anand Filling Station at Nuthimadugu Village.
3. The complainant purchased 15 KVA A.C. Generator, 21 BHP, Diesel Engine on base frame, acoustic enclosure, res.Silencer, 20 Amps control panel and 60 AH Battery with 16 Sq.mm cable and exhaust pipe for a sum of Rs.2,05,000/- under invoice No.1207 dt.27-07-2012 from the opposite party. The said Generator was delivered by the opposite party through private transport to the complainant on 28-07-2012 and the same was installed by the Mechanic by name Mr.Swamy of the opposite party. The said Generator failed to work within two hours of its installation. The said Mechanic Mr.Swamy returned to Hyderabad saying that he will come back within two or three days with necessary tools and required items in order to rectify the defects of the generator. But the said Generator was not rectified inspite of repeated requests made by the complainant the opposite party did not respond.
4. The complainant then approached the local mechanic and came to know that the said machine was not in good condition and the complainant felt that the opposite party cheated by delivering the defective generator to him. Though the complainant approached the opposite party on number of occasions, the opposite party did not respond properly and did not care to rectify the defects in the generator. Then the complainant got issued a legal notice on 28-12-2012 to the opposite party, which was received by the opposite party, but there was no reply from the opposite party. The above acts of the opposite party clearly shows that there is deficiency of service on the part of the opposite party for which he is liable to compensate the loss by way of replacing with a new generator or to pay the cost of the generator and also to pay Rs.50,000/- towards deficiency of service and Rs.25,000/- towards mental agony.
5. The opposite party called absent and remained exparte.
6. Basing on the above pleadings, the points that arise for consideration are:-
1. Whether there is deficiency of service on the part of the opposite
party?
2. To what relief?
7. In order to prove the case of the complainant, the evidence on affidavit of the complainant has been filed and marked Ex.A1 to A5 documents.
8. Heard on complainant’s side.
9. POINT NO.1: - The counsel for the complainant argued that the complainant has purchased 15 KVA A.C. Generator, 21 BHP, Diesel Engine on base frame, acoustic enclosure, Res.Silencer, 20 Amps control panel and 60 AH Battery with 16 Sq.mm cable and exhaust pipe for a sum of Rs.2,05,000/- under invoice No.1207 dt.27-07-2012 from the opposite party and the said Generator was delivered to the complainant on 28-07-2012 by a private transport and the same was installed by the opposite party Mechanic by name Mr.Swamy on the same day. But the said Generator failed to work within two hours of its installation. The counsel for the complainant argued that when the complainant asked the mechanic with regard to the failure of the Generator, the Mechanic has convinced the complainant that he will go to Hyderabad and return within two or three days with necessary tools and rectify the defect in the generator. Further the counsel for the complainant submits that as there was no reply from the opposite party when contacted by the complainant, the complainant approached the local mechanic and through him he came to know that the said Generator is not in good condition and he felt that he was cheated by the opposite party by supplying a substandard generator by charging hefty amount of Rs.2,05,000/-. The counsel for the complainant argued that inspite of repeated requests by the complainant, as the opposite party did not respond, the complainant got issued a legal notice dt.28-12-2012, which was received by the opposite party, but there was no response from the opposite party for the said legal notice.
10. The counsel for the complainant argued that as there was no response from the opposite party, the complainant was forced to purchase another Generator in order to run his business. Further the counsel submitted that inspite of spending large sum of Rs.2,05,000/- towards Generator, he was forced to buy another Generator and he has to suffer both financially and mentally. Further the counsel for the complainant argued that the opposite party failed to discharge his duties and his negligent act has caused inconvenience to the complainant both mentally and financially. Further the counsel for the complainant argued that the opposite party is liable for deficiency of service and also to replace with a new Generator or to pay costs of the Generator.
11. After hearing the arguments and perusing the documents submitted by the complainant, it is very clear that the complainant has invested a sum of Rs.2,05,000/- towards Generator to run his business without any interruption . But due to the defects in the Generator which arose on the very same day of the installation and non-rectification of the defects to the Generator by the opposite party even after a lapse of 5 months shows the opposite party’s negligence. Further even after the issue of legal notice by the complainant, the opposite party did not respond either to repair the said Generator or replace it with a new one.
12. The said Generator was purchased by the complainant to run his Oil Filling Station without any interruption but due to defective Generator he has to suffer a lot. The arguments of the counsel for the complainant that the complainant has purchased another Generator to run his Oil Filling Station smoothly, as the opposite party did not rectify the defects in the Generator purchased by him can not be taken into consideration as the complainant did not file any bill for the purchase of the second Generator, hence the said point can not be considered. It is the duty of the opposite party to see that the Generator supplied by him should work without any troubles within warranty period but the opposite party has not maintained the said Generator and the said Generator is within warranty period as per the Ex.A1 and A2. It shows that the opposite party has caused deficiency of service by not rectifying the defects arose in the Generator on the very first day of its installation even after 5 months from its installation. Hence, we are of the view that the opposite party has caused deficiency of service to the complainant.
13. POINT NO.2 :- In the result, the complaint is allowed by directing the opposite party to replace the complainant with a new Generator or to pay a sum of Rs.2,05,000/- and also direct the opposite party to pay a sum of Rs.10,000/- towards deficiency of service alongwith costs of Rs.1,500/- within one month from the date of this order; failing which interest shall be paid on the cost of the Generator @12% p.a. from the date of installation till the date of realization.
Dictated to the Steno, transcribed by him, corrected and pronounced by us in open Forum, this the 20th day of February, 2014.
Sd/- Sd/-
LADY MEMBER, PRESIDENT (FAC),
DISTRICT CONSUMER FORUM, DISTRICT CONSUMER FORUM,
ANANTHAPURAMU. ANANTHAPURAMU.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
ON BEHALF OF THE COMPLAINANT: ON BEHALF OF THE OPPOISITE PARTY
-NIL- - NIL-
EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT
Ex.A1 - Original Invoice-cum-Delivery Challan No.1207 dt.27-07-2012 for
Rs.2,05,000/- issued by the opposite party to the complainant.
Ex.A2 - Original Warranty Certificate for AC Generator dt.23-07-2012 issued by
the opposite party to the complainant.
Ex.A3 - Original Test Certificate dt.23-07-2012 issued by the opposite party to
the complainant.
Ex.A4 - Office copy of legal notice dt.28-12-2012 got issued by the complainant
to the opposite party.
Ex.A5 - Postal acknowledgement signed by the opposite party
EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTY
- NIL -
Sd/- Sd/-
LADY MEMBER, PRESIDENT (FAC),
DISTRICT CONSUMER FORUM, DISTRICT CONSUMER FORUM,
ANANTHAPURAMU. ANANTHAPURAMU.
Typed by JPNN
