Delhi

North

CC/281/2022

DHARMENDRA SHARMA - Complainant(s)

Versus

M/S BITTO MACHINERY - Opp.Party(s)

31 Mar 2023

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

Consumer Complaint No.: 281/2022

 

Sh. Dharmendra Sharma,

S/o Late Sh. K.C. Sharma,

O/o Ch. NO. V-26, Opp. SBI,

Tis Hazari Courts, Delhi-110054

Mob No. 9818806561                                                            …                          Complainant

                                                                        VS

M/s Bittoo Machinery,

Through Its Prop.

Sh. Ravinder Pal Singh,

Shop No. 2001-2002,

Main Bazar, Lal Kuan

Delhi-110006

Email Id:- bittoomachines@gmail.com                               …                         Opposite Party

 

ORDER

31/03/2023

Ashwani Kumar Mehta, Member:

 

            The present complaint has been filed under Section 35 of the Consumer Protection Act, 2019. The brief details of facts, as alleged by the Complainant in the Complaint, are that the complainant visited  the show room of the respondent on 30.04.2022 for purchase of Stone Atta Chakki Machine, and on inquiry & consultation, the OP suggested the complainant that Steel/ Iron/ Palewliser 3HP Atta Chakki is better than stone Chakki and the capacity of production of this Atta Chakki is about 60-70 Kg per hour. Accordingly, the complainant purchased Iron Atta Chakki Machine on 30.04.2022 for a sum of Rs.42,500/- (Rupees Forty Two Thousand Five Hundred only) plus delivery charge Rs.1000/- which were paid to OP. After receiving the entire amount of Chakki as well as delivery charges, the respondent has given only a Warranty Card to the complainant, the photocopy of which is fled with complaint. The product was delivered & after installation, the Complainant starting operating the Chakki, and found that the production of the Chakki was hardly 20-22 Kg. per hour. The complainant contacted the respondent and informed him about issue of less production and the respondent assured to send a mechanic to brief the Complainant about manner of operation of Chakki to have production approx. 60-70 Kg. per hour but despite many calls/ requests made by the complainant, the respondent did not send any mechanic to brief the Complainant about technique to increase production as per his assurance. Therefore, the Complainant has preferred this complaint for direction to the OP to get back the above said Atta Chakki Machine and return the cost of this Machine including delivery charges to the complainant with compensation of Rs.30,000/-.

            Accordingly notice was issued to the OP which was served on 20.06.2022 but the OP did not put up appearance. Hence, the OP was proceeded ex-parte and the matter was listed for filing of ex-parte evidence by way of Affidavit by the Complainant.       On the next date of hearing, Ld. Advocate for the OP appeared and filed reply on behalf of OP but it was not taken on record as the statutory period for filing the reply had elapsed in view of the judgment of Hon’ble Supreme Court in the matter of New India Assurance Company Limited V. Hilli Multipurpose Cold Storage Private Limited, [(2020) 5 SCC 757]. The ex-parte evidence filed by the Complainant was taken on record.

During the course of hearing on 09.09.2022, both the parties were requested to explore settlement in this matter before the next date of hearing   but on the next date of hearing, Ld. Advocate for OP again sought time to explore settlement. Thereafter, Ld. Advocate for the OP did not appear on the next date of hearing and the Complainant informed that he has not received any offer from the OP and requested to decide the matter on merits.

            Accordingly, The complaint has been examined in view of the facts of the case and averments/documents/Evidence put forth by the complainant and we are of the considered view that the complainant has suffered directly due to deficient service of the OP (M/s. Bittoo Machinery) in terms of the deficiency which includes  any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained in relation to any service and includes any act of negligence or omission or commission by such person which causes loss or injury to the consumer. Therefore, we feel appropriate to direct the OP (M/s. Bittoo Machinery) to pick up the Atta Chakki from the place of the Complainant and refund Rs.42500/- (Rupees Forty Two Thousand Five Hundred only) within thirty (30) days with interest at the rate of 9% p.a. from 30-05-2022 (date of filing of complaint) till the date of the payment. Besides, the OP is also directed to pay Rs.25000/-(Rupees Twenty Five Thousand only) as compensation to the Complainant for the mental pain, agony and harassment. It is clarified that if the abovesaid amount is not paid by the OP to the Complainant within the period as directed above, the OP shall be liable to pay interest @12% per annum from the date of expiry of 30 days period.

Office is directed to supply the copy of this order to the parties as per rules. Order be also uploaded on the website.  Thereafter, file be consigned to the record room.

         

         Sd/-                                                                                                          Sd/-

(Harpreet Kaur Charya)                                                               (Ashwani Kumar Mehta)

       Member                                                                                               Member

                                                                   Sd/-

                  (Divya Jyoti Jaipuriar)

                                        President