By Jayasree Kallat, Member:<br /> <br /> The complainant has filed the petition alleging deficiency and negligence on the part of the opposite party. The case of the complainant is that he had bought a Lathe machine from the opposite party paying Rs.1,46,140/- with one year warranty including replacement guarantee. The definite case of the complainant is that the machinery became defective within two months of purchase. Complainant informed the opposite party about the defects. Opposite party did not respond. Notice was issued to the opposite party. Even though acknowledgement received from opposite party, Opposite party did not appear in court. Hence they were set exparte. Affidavit filed by the complainant and the complainant was examined as PW1 and Exts. A1 to A6 were marked on complainant’s side. From the evidence of PW1 and Ext.A1 to A6 the case of the complainant is proved.<br /> <br /> In the result the petition is allowed and opposite party is directed to refund Rs.1,46,140/- to the complainant and take back the machinery, A cost of Rs.1000/- is also to be paid by opposite party.<br /> <br /> Pronounced in the open court this the16th day of October 2008.<br /> <br /> Sd/- Sd/- Sd/-<br /> PRESIDENT MEMBER MEMBER<br /> <br /> <br /> <br /> APPENDIX<br /> <br /> Documents exhibited for the complainant.<br /> A1. Photocopy of Retail Invoice dt. 22-5-06.<br /> A2. Photocopy of warranty card.<br /> A3. Photocopy of Fax dt. 1-8-06.<br /> A4. Photocopy of Regd. Lawyer notice dt. 18-9-06.<br /> A5. Postal receipt.<br /> A6. The returned lawyer notice.<br /> <br /> Documents exhibited for the opposite party.<br /> Nil.<br /> Witness examined for the complainant.<br /> PW1. M. Shyam (Complainant)<br /> <br /> Witness examined for the opposite party.<br /> None<br /> <br /> Sd/- President<br /> <br /> // True copy //<br /> <br /> (Forwarded/By order)<br /> <br /> SENIOR SUPERINTENDENT<br />