Haryana

Ambala

CC/310/2023

PREM SINGH. - Complainant(s)

Versus

M/S CHHIBBER ARGI EQUIPMENTS. - Opp.Party(s)

RAVINDER PAL SINGH

01 May 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	310 of 2023
Date of Institution	:	09.10.2023
Date of decision	:	01.05.2024

Prem Singh son of Sh. Ram Karan, age about 57 years, Resident of House no. 61, Near Gurudwara Mokha Majra, Jalbera, Ambala City, Haryana. Mob: 8607808770.

          ……. Complainant.

Versus

M/s Chhibber Agri Equipments, Faridkot Road, Opposite Hotel Blue Hill, Kotkapura, District Faridkot (Punjab), Pin- 151204, Through its Proprietor.

….….  Opposite Party

Before:        Smt. Neena Sandhu, President.

                     Smt. Ruby Sharma, Member,

          Shri Vinod Kumar Sharma, Member.           

 

Present:       Shri Ravinder Pal Singh, Advocate, counsel for the complainant.                                                                                                                     OP already ex parte vide order dated 05.12.2023.                               

Order:        Smt. Neena Sandhu, President.

                   Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘OP’) praying for issuance of following directions to it:-

1. To refund the amount of Rs.62,000/- paid towards the new machine or in the alternative to replace the machine with a new one.
2. To pay compensation to the tune of Rs.1 lac as harassment and financial loss suffered by the complainant.
3. To pay litigation expenses to the complainant to the tune of Rs.22000/-
4. Grant any other relief which this Hon’ble Commission may deems fit.

 

2.           Brief facts of the case are that the complainant is running an Atta Chaki at Village Mokha Majra, Distt. Ambala. He felt a need to install an Oil Machine on the above said Atta Chaki and as such, approached the  OP, from whom he purchased an oil machine (Mini Oil Mill Modern) for total amount of Rs. 62,000/-  vide invoice No. CAE/23-23/118 dated 15.04.2023. At the time of purchasing the said machine, the OP has given the full guarantee/ warrantee of the said machine for one year (12 months) and also assured that the said machine will not create any problem and will run smoothly by fulfilling the work of the complainant as per his desire. Thereafter, the complainant had installed the said machine on the above said Atta Chaki as per the guidelines of the OP and started using the same. After few days, the said machine started giving problems and its main part i.e. Gulla did not work properly and as such the machine was beyond use. Matter was brought to the notice of the OP number of times, but it neither repaired the said machine nor replaced the defective machine with new one.  Legal notices dated 04.07.2023, and 02.08.2023, served upon the OP also did not yield any result. Hence this complaint.
3.           Upon notice, none has appeared on behalf of the OP before this Commission, therefore, it was proceeded against ex-parte vide order dated 05.12.2023.
4.           Learned counsel for the complainant tendered affidavit of the complainant as Annexure C-A alongwith documents as Annexure C-1 to C-10 and closed the evidence on behalf of the complainant.
5.           We have heard the learned counsel for the complainant and have also carefully gone through the case file.
6.           Learned counsel for the complainant submitted that by supplying defective machine in question, the OP is deficient in providing service. He further submitted that a huge financial loss was caused to the complainant on account of defective machine, as he was unable to use the same, for earning his livelihood.
7.           The moot question which falls for consideration is, as to whether, the complainant is entitled to get any relief in this case or not. It may be stated here that to prove his case, the complainant has placed on record tax invoice dated 15.04.2023 Annexure C-1 which shows that he paid an amount of Rs.62,000/- for purchase of the machine in question from the OP. He has also placed on record instruction manual and warranty card, Annexure C-9 which shows that the machine in question carried a warranty of 12 months from the date of its purchase. The complainant has also placed on record legal notices dated 04.07.2023, Annexure C-3 and 02.08.2023. Annexure C-4 having been served upon the OP, when his grievance qua defects in the machine during warranty period, was not redressed by the OP. However, there is nothing on record that the OP has even replied to the said notices, what to speak of  rectification of the defect in the said machine.  On the other hand, it is the definite case of the complainant that the OP miserably failed to either replace the defective machine or to refund the price thereof, as it suffered defects during warranty period.  It is  significant to mention here that, as stated above, notice of this complaint was sent to OP seeking its version, yet, nobody appeared on its behalf, despite service,  as a result whereof, it was proceeded against ex parte vide order dated 05.12.2023. The non-appearance of the OP shows that it has nothing to say in its defence against the allegations made by the complainant. Under these circumstances, it can easily be said that the act of the OP in neither replacing the defective machine nor compensating the complainant for supplying defective machine nor refunding the amount paid by the complainant towards the said machine, amounts to deficiency in providing service, which has definitely caused a lot of mental agony and harassment, including financial loss to the complainant.
8.           In view of the aforesaid discussion, we hereby allow the present complaint and direct the OP, in the following manner:-
   1. To refund the amount of Rs.62,000/- to the complainant alongwith interest @6% p.a. from 15.04.2023, i.e the date of purchase, till its realization.  
   2. To pay Rs.5,000/- as compensation for the mental agony and physical harassment suffered by the complainant.
   3. To pay Rs.3,000/- as litigation expenses.

                    The OP is further directed to comply with the aforesaid directions within the period of 45 days, from the date of receipt of the certified copy of the order, failing which the OP shall pay interest @ 8% per annum on the awarded amount, from the date of default, till realization. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room..

 Announced:- 01.05.2024

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President