Punjab

Faridkot

CC/21/161

M/s Forever Ayurveda - Complainant(s)

Versus

JVC Machinery - Opp.Party(s)

Gurpreet Singh Chauhan

18 Jul 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FARIDKOT

 

Complaint No. :        161 of 2021

Date of Institution :   26.10.2021

Date of Decision :    18.07.2022

 

M/s Forever Ayurveda, Near Petrol Pump, Mukatsar Road, Kotkapura, District Faridkot through its partner Gagan Arora son of Joginder Singh r/o Aashta Health Clinic, Prem Nagar, Kotkapura, District Faridkot.

....Complainants

Versus

JVC Machinery, E-886 A, Mig Flats, Pratap Vihar Ghaziabad, Factory Address: Plot No.17, Mainapur, Industrial Area, Meerut road, Ghaziabad, Uttar Pradesh-201001 through its Managing Director.

                                      ..............OP

Complaint under Section 35 of the

Consumer Protection Act, 2019.

 

Quorum: Sh Kanwar Sandeep Singh, President,

                Smt Param Pal Kaur, Member,

                Sh Vishav Kant Garg, Member.

 

Present: Sh Gurpreet Singh Chauhan, Ld Counsel for Complainant,

             OP-Exparte,

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ORDER

(Kanwar Sandeep Singh, President)

                                          Complainant Forever Ayurveda through his partner his partner Gagan Arora (hereinafter referred to as complainant) has filed this complaint under section 35 of the C.P. Act 2019 (hereinafter referred as ‘Act’ before this Commission against JVC Machinery (hereinafter referred as Opposite party).

   2                                             Briefly stated, the case of the complainant is that on  09.03.2021, complainant purchased Servo Based Filling Machine from OP against bill no.054/401168571348 for Rs.8,18,400/-. Amount of Rs.6 lacs was  paid through bank and remaining amount was paid in cash. Technician of OP visited his premises on 26.03.2021, but failed to install the machine due to manufacturing defect and went back without any progress.

3                                          It is alleged that complainant was continuously in touch with OP and their technical team, but despite repeated requests, OP failed to install the machine. On 24.04.2021, complainant sent e-mail to OP for redressal of his grievance and on his request, on 24.08.2021, OP sent their executive/technician, who visited the premises of complainant, who before

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initiating installation, gave in writing that if he failed to install the machine in question, then company would take back the machine and would make full refund of amount taken from complainant. But said technician failed to install the machine and as per undertaking given by their technician, Opposite party is duty bound either to replace the machine or to refund the cost price of said machine.

4                                     It is further alleged that on 23.09.2021, complainant again sent an e-mail to OP and requested to replace the machine or to refund the amount involved and in reply to that mail, OP stated that they are ready to provide the new  machine and OP directed complainant to visit their factory to take trial and after that complainant would send the filling machine to OP at his own cost, which is not possible, rather it is the legal obligation on the part of OP to take back the older and to provide new one after replacement. On 1.10.2021, complainant again sent e-mail to OP wherein requested to send the new machine as soon as possible, but till now, they have neither replaced the said machine nor made refund for that. 

 

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5                                      Complainant has alleged that he has suffered huge financial loss as well as harassment and mental agony due to this act of OP, which amounts to deficiency in service and trade mal practice.

6                                                    On this backdrop of facts, the complainant has prayed for directions OP to replace the said machine with new one or to refund the cost price of same and to pay compensation to the tune of Rs.3,00,000/-  for harassment and mental agony suffered by him besides litigation expenses of Rs.11,000/-.

7                                                   Upon notice, none appeared on behalf of Opposite party, despite service of Opposite Party through registered cover as well as through publication, as such, exparte proceedings were taken against them vide order dated 02.03.2022.

 

8                                                 As there is no rebuttal from OP side therefore, ld counsel for complainant was given proper opportunity to lead evidence. Ld   counsel for complainant tendered in exparte evidence, affidavit of complainant as Ex CW-1/A and documents Ex C-1 to C-7 and then, closed the evidence.

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9                                                We have heard the exparte arguments advanced by ld counsel for complainant and have very carefully gone through and perused the affidavits & documents placed on the record file.

10                                                  From the careful perusal of record placed on file and arguments advanced by the counsel for complainant, it is observed that case of the complainant is that on 09.03.2021, complainant purchased one Liquid Machine worth Rs.8,18,400/- from OP and paid 6 lacs through bank and remaining amount was paid in cash. Grievance of the complainant is that even after six months of purchase, technicians of OP failed to install the machine in question due to some manufacturing defect contained therein. Repeated requests made by complainant to get the machine installed bore no fruit and they did not make it in running condition. OP did nothing needful to redress his grievance and even did not pay any heed to rectify the defect or to replace the machine. On the contrary, opposite party is exparte and there is no rebuttal from their side.

11                                             To prove his pleadings complainant counsel has placed on record copy of document Ex C-2 i.e copy of bill dated 09.05.2021

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that proves the pleadings of complainant that he purchased the machine in question from OP for Rs.8,18,400/-. Correspondence occurred between complainant and OP through e-mails vide Ex C-3, Ex C-5 and Ex C-6, transpires the fact that despite repeated efforts by OP, machine in question was not installed by their mechanics or technicians sucessfully. Even during 6^th visit of technician sent by OP to premises of complainant, said machine could not be installed by him and he failed to put the machine in running condition. Said machine was purchased by complainant in March, 2021 and till October, 2021 OP failed to install the machine. It is also noticed that complainant has pleaded in his complaint that he paid Rs. 6 lacs to OP through bank and from his Ex C-3, it becomes clear that he has paid Rs. 6 lacs to complainant and from e-mail dated 23.09.2021 sent by OP to complainant Ex C-6 OP has talked amount remaining amount outstanding towards complainant. Thus, complainant has proved that he has paid Rs.6 lacs to OP towards machine in question and remaining amount is still due towards him to be paid to OP. There is no rebuttal from OP side. From the careful perusal of documents placed on record by complainant party, it is crystal clear that OP have failed to redress the grievance of complainant. On the other hand complainant has produced sufficient and

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cogent evidence to prove his pleadings. All the documents furnished before the Commission by complainant are fully authentic and are beyond any doubt.

12                                         In the light of above discussion, this Commission is of considered opinion that there is deficiency in service on the part of OP in not replacing the said defective machine. Had OP paid sufficient attention to the redress the grievance of complainant and had they initiated appropriate & effective steps to provide effective services upto the satisfaction of complainant by replacing the said Liquid Filling Machine on request of complainant at the first instance when it was not installed properly even after six months of purchase, case of complainant would have been different. Complainant has succeeded in proving his case and therefore, complaint in hand is hereby partly allowed. OP is hereby directed to replace the said Liquid Filling Machine with new one of same model  alongwith fresh warranty within 45 days of receipt of the copy of the order, or in the alternative to make refund of Rs.6 lacs alongwith interest at the rate of 8% per anum from the date of institution of complaint till final realization. Complainant is directed to return the machine in question to OP on receipt of new Liquid Filling Machine and to clear the dues as per bill dated 09.03.2021 or

 

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on refund by OP as directed. OP is further directed to pay Rs.5,000/-as consolidated compensation on account of harassment and mental agony suffered by him and for litigation expenses. Compliance of this order be made within one month from the date of its receipt, failing which complainant shall be entitled to proceed under section 71 and 72 of the Consumer Protection Act. Copy of the order be supplied to parties free of cost as per rules. File be consigned to record room.

Announced in open Forum:

Dated: 18.07.2022

 

(Vishav Kant Garg)       (Param Pal Kaur)     (Kanwar Sandeep Singh)

 Member                         Member                    President                                         

 

 

 

 

 

 

 

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M/s Forever Ayurveda   Vs     JVC Machindery

 

Present: Sh Gurpreet Singh Chauhan, Ld Counsel for Complainant,

             OP-Exparte,

              Exparte arguments heard. Vide our separate detailed order of even date, complaint in hand is hereby partly allowed. Copy of the order be supplied to parties free of cost as per rules. File be consigned to record room.

Announced in Commission on:

Dated: 18.07.2022

(Vishav Kant Garg)       (Param Pal Kaur)     (Kanwar Sandeep Singh)

 Member                         Member                    President