By Smt. Rajani.P.S, Member:
The complainant’s case is as follows: On 15.11.05 the complainant purchased an electronic weighing machine as per invoice No.A-888 from the respondent. Though the machine was bought for Rs.7500/-, the respondent issued receipt for only Rs.4000/-. The representatives of the respondent approached the complainant’s shop and taken orders and delivered the machine. The complainant is doing the business under self employment for his livelihood. While using the machine it was blasted and caused damage. The complainant believes that it was so happened as the product was having manufacturing defect and also due to inferior quality. The complainant informed the earlier said incident to the respondent. But they were not turned up. Hence a lawyer notice was sent on 28.7.06. In their reply notice the respondent informed that they are ready to send a technician. But not kept their words. Again a lawyer notice was sent for the same. But no remedy after that also. The act of the respondent is an unfair trade practice. Hence the complaint.
2. The respondent is called absent and set exparte.
3. To prove the case of the complainant, he filed an affidavit and the documents produced are marked as Exts. P1 to P4.
4. According to the complainant, he purchased an electronic weighing machine on 15.11.05 from the respondent. Though the machine was bought for Rs.7500/-, the respondent issued receipt for only Rs.4000/-. While using the device it blasted and caused damage. The said incident was informed to the respondent. But the respondent never had taken any action to repair the machine. The damage was happened within the warranty period.
5. There is no counter evidence.
6. In the result, the complaint is allowed and the respondent is directed to return the amount claimed and Rs.5000/- (Rupees five thousand only) as compensation and Rs.500/- (Rupees five hundred only) as costs within one month from the date of receipt of copy of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 28th day of October 2010.
