Kerala

Idukki

CC/195/2019

Challengers self help group - Complainant(s)

Versus

mechine and engineering Com - Opp.Party(s)

30 Jan 2020

ORDER

DATE OF FILING : 12/11/2019

IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 30^th day of January 2020

Present :

SMT.ASAMOL P. PRESIDENT IN CHARGE

SRI.AMPADY K.S. MEMBER

CC NO. 195/2019

Between

Complainant :1 . The President,

Challengers Self Help Group,

Erattayar P.O., Erattayar.

2 . The Secretary,

Challengers Self Help Group,

Erattayar P.O., Erattayar.

(Both by Adv:K.M.Sanu)

And

Opposite Party : The Manager/ Proprietor,

Machine and Engineering Company,

385, 7^th St.Sanganoor Road (Near Railway Gate),

Rathinapuri, Coimbatore 641 027.

 

O R D E R

 

SMT. ASAMOL P. (PRESIDENT -IN -CHARGE)

 

The case of the complainant is that,

 

The complainants are the president and secretary of challengers self help group, Erattayar, Kattappana. The group was formed in 2003 with 11 members include the president and secretary. In 2005, these group members had started “Hollow Bricks Unit” for earning their livelihood. But in 2018, the said unit was destroyed by natural calamities.

 

After that, on February 2019 the said unit was again started at property of Mathew Joseph, Ilipulikkattu. The required machineries and mixing unit for Rs. 3,71,700/- was purchased from opposite party. That the machineries was delivered to the premises of the unit and installed by the technicians from

(Cont....2)

 

-2-

 

opposite party. The opposite party received the payment from the complainant and Lorry fair Rs.14,000/- also received. The opposite party had given one year warranty for the machineries and promised that proper service after purchase and also the opposite party said that the machineries have high quality to the complainant.

 

But after one month from the installation of the machineries, certain important parts of the concrete block machine was fault and not performed. A complaint was made to the opposite party. However, the opposite party made no effort to rectify the said faults. Some faults are repaired by local workshop and the complainant paid these repairing expenses.

 

That after two months the machineries were again defective. The machineries were broke within 4 months from the installation. The complaint was made to the opposite party. But opposite party did not rectify the defects at any time.

 

Whereas the mixer machine had also certain defects. The opposite party made no periodical service in warranty period also. It is deficiency in service on the part of opposite party. There was no good quality for the machineries. So the opposite party is liable to refund the price of the machineries and to pay the repairing expenses Rs.30,000/- to the complainant and also liable to compensate the complainant for loss and injury caused to him.

 

Notice served to opposite party from the Forum. But the opposite party did not appear before the Forum. So opposite party called absent and set exparte.

 

Heard,

 

The point that arose for consideration is whether there is any deficiency in service from the part of opposite parties, and if so, for what relief the complainant is entitled to ?

 

(Cont....3)

 

-3-

 

The Point:- Complainant adduced evidence by way of proof affidavit and produced documents. P1 is copy of tax invoice dated 05/02/2019, P2 is advance receipt dated 28/12/2018 with warranty terms and conditions, P3(series) are bills from private workshops , P4 is copy of memo dated 05/02/2019 from opposite party, P5 is photos and video CD include the works from private workshops which were marked as Ext.P1 to Ext.P5 respectively. Opposite party did not appear before the Forum. So opposite party set exparte.

 

Hence complaint is allowed. The Forum directs the opposite party to refund the price of the product Rs.3,71,700/- and transportation charge Rs.14,000/- as per Ext.P4 to the complainant. The Forum also directs the opposite party to pay Rs.21,450/- as per Ext.P3(series), Rs.4000/- as compensation and Rs.3000/- as cost to the complainant, failing which these amount shall carry 12% interest from the date of default till its realization.

 

 

Pronounced in the Open Forum on this the 30^th day of January, 2020.

 

Sd/-

SMT. ASAMOL P., PRESIDENT -IN -CHARGE

Sd/-

SRI.AMPADY K.S., MEMBER

 

 

 

 

 

 

 

 

 

 

 

(Cont....4)

 

 

-4-

 

APPENDIX

 

Depositions :

On the side of the Complainant :

PW1 - Sajeev P.S.

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1 - Copy of tax invoice dated 05/02/2019

Ext.P2 - The advance receipt dated 28/12/2018 with warranty

terms and conditions

Ext.P3(series)- The bills from private workshops

Ext.P4 - Copy of memo dated 05/02/2019 from opposite party

Ext.P5 - Photos and video CD include the works from private workshops

 

On the side of the Opposite Party :

Nil.

 

Forwarded by Order,

 

 

SENIOR SUPERINTENDENT