Punjab

Ludhiana

CC/14/464

Mohinder Kumar - Complainant(s)

Versus

M/s Simplex Snvirosciences & Infradevelopment Pvt. Ltd - Opp.Party(s)

11 Jun 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA.

 

                                                                    Complaint No: 464 of 03.07.2014

                                                                   Date of Decision: 11.06.2015

                    

Mohinder Kumar Chopra s/o Sh.S.L.Chopra, Prop. M/s Yerik International, G.T.Road, Rajgarh, Near Doraha, District Ludhiana.

.…Complainant

Versus 

1. M/s Simplex Envirosciences & Infradevelopment Pvt. Ltd., GM House, F3/2, Okhla Industrial Area, Phase-1, New Delhi- 20, through its Managing Director.

2. Mr.Arun Kumar Marketing Manager, M/s Simplex Envirosciences & Infradevelopment Pvt. Ltd., GM House, F3/2, Okhla Industrial Area, Phase-1, New Delhi- 20.

3. M/s M.A. Ind. SRL Unipersonale, Sede (Head Office/Factory) Via Pitagora 30- 41010 LIMDI DI Soliera (MD) Italy, through its Managing Director.

 

…..Opposite parties 

COMPLAINT UNDER SECTION 12 OF THE

CONSUMER PROTECTION ACT, 1986.

 

Quorum:    Sh.R.L.Ahuja, President

                    Sh.Sat Paul Garg, Member

 

Present:     Sh.B.K.Rampal, Advocate for complainant.

                   OPs exparte.

 

ORDER

 

 (SAT PAUL GARG, MEMBER)

1.               Present complaint under Section 12 of The Consumer Protection Act, 1986 (herein-after in short to be referred as ‘Act’) has been filed by Sh.Mohinder Kumar Chopra s/o Sh.S.L.Chopra, Prop. M/s Yerik International, G.T.Road, Rajgarh, Near Doraha, District Ludhiana (herein-after in short to be referred as ‘complainant’) against M/s Simplex Envirosciences & Infradevelopment Pvt. Ltd., GM House, F3/2, Okhla Industrial Area, Phase-1, New Delhi- 20, through its Managing Director and others (herein-after in short to be referred as ‘OPs’)- directing them to replace the machine with new one or remove the defect or otherwise pay the price of the machine, damages, costs suffered by the complainant alongwith interest to the complainant alongwith any other additional or alternative relief, which the Forum deem fit.

2.                Brief facts of the complaint are that OP1 and OP2 approached the complainant for purchase of Sludge Thickening 6 Dewatering Unit Model XMD 20 vide their letter no.SEIPL/QTN./YI/231 dated 2.1.12 worth EUR 8200. The OPs lured the complainant that this machine is more effectively and efficiently to purified the waste water. So, under OPs allurement complainant placed an order for purchase of the machine worth (Euros) 8200. The OPs received EUR 2460 being 30% advance from complainant in the month of March, 2012 and before dispatching the machine OPs further received EUR 5740 from complainant in the month of April, 2012, through their banker at Italy. The OPs supplied the machine vide invoice no.258 dated 24.5.12 of EUR 8200. The complainant total paid EUR 2460 (30%) + EUR 5740 (70%) total EUR 8200 through their banker Corporation Bank, Feroze Gandhi Market, Ludhiana to OPs bank unicredit Banca Spa” Via Cervese 375 47023, Cesena (FC) Italy. The Indian value of the Machine is as under:-

EUR 8200                                          Rs.6,34,867/-

Other expenses

Custom Duty                         Rs.  19,617/-

O/F & Custom Clearance                 Rs.  65,000/-

EPCG Expenses                                Rs.   4,000/-

                                                            Rs.7,24,484/-

 

                   The OPs had gave the warranty of 5 years, if any defect was occurred them it will be removed free of cost, if any parts will found defective then that will be removed or if the machine is not working properly and having any manufacturing defect, then machine shall be replace with new one. The abovesaid machine was delivered to the premises of complainant on 6.6.12. The OP1 and OP2 sent their engineer Mr.Pawan Sharma for installation of the machine and its demo in the month of June, 2012 and again demo was given on 15.7.12. After installation when Er.Pawan Sharma tried to run the machine then it was not working and also not purified the water. The complainant approached the OPs and their associates M/s V. Cube Chemicals, Ludhiana for run the machine, every time Er.Pawan Sharma tried to run the machine, but he was not able to run the machine. Since 15.7.12 the machine is not working and it is useless for complainant and it is a defective one. Many e-mails were sent to the OPs regarding the removing the defect in the machine. Many mails and verbal talks were done with the OPs. Some e-mail were replied by the OPs. But the defect in the machine was not removed. The complainant is continuously suffering as the machine was in non-working condition. Claiming the above act as deficiency in service on the part of the OPs, the complainant has filed this complaint.

3.                Notice was sent to OP2, through registered post on 16.09.14. But no report was received. As such, after expiry of 30 days waiting period, the OP2 was proceeded exparte, vide order dated 21.10.14. Notice was sent to OP3, through registered post on 18.3.15. But no report was received. As such, after expiry of 30 days of waiting period, OP3 was proceeded exparte, vide order dated 20.04.15. On notice of the complaint, OP1 appeared through counsel Sh.S.D.Singh. But despite giving numbers of opportunities written statement on behalf of OP1 was not filed and on 8.5.15 none had come present on behalf of OP1, as such, OP1 was proceeded exparte, vide order dated 8.5.15 itself.

4.                Ld. counsel for complainant has adduced the evidence by way of duly sworn affidavit of complainant Sh.Mohinder Kumar Chopra Ex.CA, wherein, the same facts have been reiterated as narrated in the complaint and also attached documents Ex.C1 to Ex.C11.

5.                Ld. counsel for complainant argued that OP1 and OP2 approached the complainant for purchase of Sludge Thickening 6 Dewatering Unit Model XMD 20 vide their letter no.SEIPL/QTN./YI/231 dated 2.1.12 worth EUR 8200. The OPs allured the complainant that this machine is more effectively and efficiently to purified the waste water. The OPs supplied the machine vide invoice no.258 dated 24.5.12 of EUR 8200. The complainant total paid EUR 2460 (30%) + EUR 5740 (70%) total EUR 8200 through their banker Corporation Bank, Feroze Gandhi Market, Ludhiana to OPs bank unicredit Banca Spa” Via Cervese 375 47023, Cesena (FC) Italy.       The OPs had gave the warranty of 5 years, if any defect was occurred them it will be removed free of cost, if any parts will found defective then that same will be removed or if the machine is not working properly and having any manufacturing defect, then machine shall be replace with new one. The abovesaid machine was delivered to the premises of complainant on 6.6.12. The OP1 and OP2 sent their engineer Mr.Pawan Sharma for installation of the machine and its demo. But from the date of installation of the said machine, the same was not working properly and also did not purify the water. The complainant approached the OPs several times and sent many e-mails to the OPs regarding the removing the defect in the machine. Despite that defect in the machine was not removed.

6.                We have gone through the pleadings of the complainant and the entire record placed on file.

7.                It is evident that complainant purchased Sludge Thickening 6 Dewatering Unit Model XMD 20 machine worth EUR 8200 from OP1 and OP2. The OPs supplied the machine vide invoice no.258 dated 24.5.12 of EUR 8200. The OPs had gave the warranty of 5 years. The abovesaid machine was delivered to the premises of complainant on 6.6.12. The OP1 and OP2 sent their engineer for installation of the machine and for its demo in the month of June, 2012 and again demo was given on 15.7.12, but failed to make the machine functional and could not make it working. The machine was not repaired or replaced by the OPs, despite giving the assurances at the time of purchase of the machine. Thus OPs are found to be deficient in their services.

8.                In view of the above discussion, the present complaint is allowed and OPs jointly and severally are directed to repair the machine of the complainant without any cost, to the satisfaction of the complainant within two months from the date of receipt of the copy of the order. Further OPs are directed to pay Rs.5000/-(Five thousand only) as compensation and litigation expenses compositely assessed to the complainant. Copy of the order be supplied to the parties free of costs. File be consigned to record room.

 

                             (Sat Paul Garg)                                 (R.L.Ahuja)

                                  Member                                          President

Announced in Open Forum.

Dated:11.06.2015 

Hardeep Singh