ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                             JUDGMENT

            Complainant has filed this consumer complaint U/s.12 of C.P. Act, 1986 seeking following reliefs;

            “Direct the opposite parties to replace the loader machine and pay compensation of Rs.19,94,000/- towards loss, mental agony, suffering and cost of litigation”.

            The brief fact of the case is that, the complainant availed a loan from Union Bank of India, Paradeep Branch for purchase a CASE 770 EX Magnum Loader Backhoe for a sum of Rs.23,54,000/- on 29.9.2018 from the opposite parties and opposite parties offered their guarantee of one year on the said machine. After three months of purchase loader machine became inoperative and has not functioned, so complainant informed the opposite parties and as per complaint opposite parties deputed a surveyor and the surveyor after due inspection submitted the report. After submission of the report by surveyor the opposite parties remained silent, hence the complainant again on 27.8.2019 issued a notice to the opposite party and after receiving the notice for replacement of the machine the opposite party again deputed another surveyor for inspection on 06.9.2019 and surveyor after inspection submitted his report in which it has been clearly mentioned that 90% of the spare parts of the machine has been damaged due to manufacturing defect. After receiving the surveyor report till date the opposite parties have not taken any steps to rectify the defect of the machine. As the machine purchased by the complainant was inoperative due to manufacturing defect the complainant suffer great financial loss and mental agony and he is unable to repay the EMI to the bank and the loan interest is increasing day by day.

            Notices to opposite parties were issued by Regd. Post on 19.02.2020 but none of the opposite parties appeared and were set ex-parte on 01.11.2021. Counsel for complainant is also found long absent.

            We have perused the records and gone through the documents of consumer complaint. The complainant in order to maintain his livelyhood had purchased a loader for a sum of amount of Rs.23,54,000/- on 29.9.2018 but it was found defective within the warranty period but could not be rectified by the opposite parties in spite of several correspondence/contact and being aggrieved approached this Commission seeking the relief.

            Now the question arises whether the complainant is a consumer or not. Since the complainant has paid consideration and purchased the loader to maintain his livelyhood he can be termed as a consumer as defined U/s.2(7) of Consumer Protection Act (old Act).  

            Whether the loader was defective and there is deficiency of service on the part of opposite parties. The loader was found defective within the warranty period for which proper service has not been provided by the opposite parties as such the product is a defective one and there is deficiency of service on the part of opposite parties.

            We therefore direct the opposite parties to rectify the defect and give free service at the door step of complainant within one month from the date of receiving this order. With the aforesaid observation and direction consumer complaint is disposed of. No cost.