The case of the complainant filed on 29-7-10 is as follows. He had purchased a Sludge Motor Pump Set through email and telephone from the opposite party for an amount of Rs. 29,950/-. The payment was made through Pala Branch of state Bank of Travancore. The motor was delivered in the complainant’s office on 23-9-2009. The complainant had paid Rs. 778.50 was under the head of packing and forwarding charges and Rs. 534.57 as Central Sales Tax . The complainant had taken all the precautions while installing the motor as stated by the opposite party at the time of purchase. The purpose of the motor is to drain the water collected in a tank situated in the food products manufacturing unit. There was no regular use for the same. It was only when the water was filled in the tank. On the 1^st day of its use, the motor had shown some complaints. During the use of the motor for the 6^th or 7^th instance on 31^st May, 2010, it had stopped working. The complainant had informed the same to the opposite party. On  

 

the basis of their advise, the same was sent to the Bangalore Office of the opposite party on

9-6-2010 and they received the same on next day itself. After sending of the motor, the complainant called the opposite parties, several times to know about the status of the pump. But every time when the complainant called, inconsistent reply and information were made by the opposite party. The complainant had sustained loss and damages. The opposite party has liable to compensate the complainant. There was deficiency in service on the part of the opposite party. Hence this complaint.

            The notice was served with the opposite party. They did not appear either in person or through their counsel. But the opposite party had send a detailed version through post is contending as follows. The pump set dispatched on 23^rd September 2009 with standard instructions. In second week of June 2010 the opposite party received a phone call that the pumpset is not working, nearly 9 months after dispatch and installation of the pumpset, the opposite party requested them to send the pump set to Banaglore for check up as the complainant operates the pumpset at his factory situated in Kerala’s Nariyanganam, PO, Kottayam District. The pump set was received by the opposite party on 17/6/10. On examination it was found that motor was burnt, due to over loading, caused by stone that was stuck in the impeller. The opposite party has repaired the pumpset and dispatched the pump set on 16-8-10 vie Ltr.No.102335 of ABT Lorry Service in good working condition . There was no deficiency in service on the part of the opposite party. Hence the complaint may be dismissed with costs.

            The complainant filed proof affidavit and documents which are marked as exhibits A1 to A6.

            Heard complainant .   The opposite party has sent a version through post along with some document and one stone. We have gone through the complaint, version documents and evidence. The case of the complainant is that the opposite party has not rectified the pump set within a short time after it was defective. Hence the complainant has sustained loss and sufferings. Admittedly the pump set was rectified by the opposite party and sent it to the complainant. Hence at present there was no problem regarding the defects of the pump set. The only question is to be considered whether the time taken for rectification of the pump set was reasonable or not. Accordingly there was some delay in rectifying the defects. Hence the complainant had caused some inconveniences due to the act of the opposite party. However the opposite party is liable to compensate the complainant. So we are of the opinion that the case of the complainant is to be allowed.

            In the result the complaint is allowed as follows. We direct the opposite party to pay

Rs. 4000/- to the complainant as compensation for inconveniences and pay Rs.1000/- as cost of these  proceedings. The order shall be complied with within a period of one month from the date of receipt of a copy of this order.

Sri. K.N. Radhakrishnan, Member                    Sd/-

 

Sri. Santhosh Kesavanath P. President Sd/-

 

Smt. Bindhu M. Thomas, Member                    Sd/-

 

Documents produced by complainant:

1) Copy of letter dtd 26-8-2009

2) Copy of purchase order

3) Tax invoice/sale bill

4) Delivery chellan

5) Copy of e-mail

6) Copy of e-mail

 

By Order,