IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 31st day of March, 2014.
Present : Sri. Jacob Stephen (President)
Smt. K.P. Padmasree (Member)
C.C. No. 13/2014 (Filed on 18.01.2014)
Between:
D. Pradeep,
Koodanilkkunnathil,
Mannaramala,
Pathanamthitta. … Complainant.
And:
Kailath Tools & Machineries,
Vadakkeveettil Building,
Opp. KSRTC Bus Station,
Pathanamthitita. … Opposite party.
ORDER
Smt. K.P. Padmasree (Member):
Complainant filed this complaint against the opposite party for getting a relief from this Forum.
2. Brief facts of the case is as follows: The complainant is a fabrication worker and he is the owner of Amal Fabrication and works. Opposite party is the owner of Kailath Tools and Machineries dealing in the business of sales of machineries. Complainant approached him for purchasing a drilling machine and on 24.10.2013 he paid an amount of Rs.10,000/- as advance. Thereafter on 26.12.2013 opposite party delivered the drilling machine and collected the balance amount of the drilling machine. After receiving the balance amount, opposite party issued an invoice for Rs.25,830/-. At the time of delivering the drilling machine, opposite party has not handed over the accessories of the drilling machine including the tools which are required for operating the drilling machine or even the guarantee papers. In the absence of the tools which are required for operating the drilling machine, the complainant could not used the drilling machine. So the complainant was compelled to depend other persons for carrying out the works undertaken by him. So the complainant requested the opposite party for the delivery of tools and guarantee papers etc. But the opposite party has not given the same. The complainant purchased the drilling machine for his livelihood and because of the above said act of the opposite party, complainant was put to mental agony and financial loss and the above said act of the opposite party is a clear deficiency in service for which opposite party is liable to the complainant for the same. Hence this complaint for an order directing the opposite party to deliver the accessories and connected papers to the complainant or to return the amount of Rs.25,830/- collected by the opposite party along with Rs.10,000/- as compensation and for allowing the cost of this proceedings.
3. In this case, though opposite party entered appearance, he has not filed his version and hence opposite party was declared as ex-parte.
4. On the basis of the pleadings in the complaint, the only point to be considered is whether this complaint can be allowed or not?
5. The evidence of this complaint consists of the oral deposition of PW1 and Exts. A1 and A2. After closure of evidence, complainant was heard.
6. The Point: The allegation of the complainant is that the opposite party has delivered a drilling machine to the complainant after receiving Rs.25,830/- on 26.12.2013. At the time of delivery of drilling machine, opposite party has not delivered the accessories of the drilling machine such as tools and other equipments which are required for operating the drilling machine or even the warranty papers etc. Without the accessories, the drilling machine cannot be operated. So the complainant requested the opposite party for delivering the said accessories several times. But the opposite party has not delivered the same so far. The complainant purchased the drilling machine for his livelihood and because o the act of the opposite party, the complainant was put to mental agony and financial loss. The above said act of the opposite party is a clear deficiency in service and the opposite party is liable to the complainant for the same.
7. In order to prove the case of the complainant, complainant adduced oral evidence as PW1 and 2 documents were produced which are marked as Exts. A1 and A2. Ext. A1 is the receipt No. 129 dated 24.10.2013 issued by the opposite party in the name of the complainant for receiving Rs.10,000/- as advance. Ext. A2 is the tax invoice dated 26.12.2013 for Rs.25,830/- issued by the opposite party in the name of the complainant.
8. On a perusal of the complaint, deposition of PW1 and Exts. A1 and A2 it is seen that the opposite party had sold a drilling machine to the complainant for Rs.25,830/- on 26.12.2013. According to the complainant, opposite party has not delivered the warranty document or the accessories which are required for operating the drilling machine so far which prevented the complainant from using the machine which caused financial loss and mental agony to the complainant. Since the opposite party is exparte, we find no reason to disbelieve the allegation of the complainant and hence this complaint stands proved as unchallenged. Therefore, we find that the act of the opposite party is a clear deficiency in service and hence the opposite party is liable to the complainant. Hence this complaint is allowable.
9. In the result, this complaint is allowed, thereby the opposite party is directed to deliver the necessary accessories of the drilling machine noted in the users’ manual and the necessary warranty documents along with compensation of Rs.5,000/- (Rupees Five thousand only) and cost of Rs.500/- (Rupees Five hundred only) to the complainant within 15 days from the date of receipt of this order, failing which the complainant is allowed to realize the price of Rs.25,830/- paid by the complainant with 10% interest from 26.12.2013 onwards and the cost and compensation ordered herein above.
Pronounced in the Open Forum on this the 31st day of March, 2014.
(Sd/-)
K.P. Padmasree, (Member)
Sri. Jacob Stephen (President) : (Sd/-)
Appendix:
Witness examined on the side of the complainant :
PW1 : Pradeep. D.
Exhibits marked on the side of the complainant:
A1 : Receipt dated 24.10.2013 issued by the opposite party to the
complainant.
A2 : Invoice dated 26.12.2013 issued by the opposite party in the
name of the complainant.
Witness examined on the side of the opposite party : Nil.
Exhibits marked on the side of the opposite party : Nil.
(By Order)
(Sd/-)
Senior Superintendent
Copy to:- (1) D. Pradeep, Koodanilkkunnathil, Mannaramala,
Pathanamthitta.
(2) Kailath Tools & Machineries, Vadakkeveettil Building,
Opp. KSRTC Bus Station, Pathanamthitita.
(3) The Stock File.
