PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 196/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Narayandatta Patel,

S/O-late Govindram Patel,

R/O/At/Po-Binjipali, Ps-Kuchinda,

Dist-Sambalpur-768214, Odisha.

Mob No. 9437736940                                          ………………Complainant

-Vrs-

M/S Sri. Shankar Engg. Work s

At/PO-Maneswar, Dhama Road,

Dist-Sambalpur-768005                                                ………………Opp. Party

Counsels:-

1. For the Complainant         :- Self
2. For the O.P.                        :- Sri. P.M. Dash & Associates

Date of Filing:02.11.2023,Date of Hearing :19.02.2024,Date of Judgement : 02.04.2024

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The Complainant purchased one Field king combine Harvester Model No. FKCHZ200 under finance of Mahindra & Mahindra Finance Ltd. Payable in 8 installments (2 installments in a year) with instalment amount Rs. 2,55,000/-. Down payment of Rs. 8,60,000/- was made and agreement made. The harvester was delivered on 17.11.2021. The harvester was having warranty of 1000 hours.

When gear box not worked properly, complaint was made for removal of defects but it was in vain after repairing. After few days same problem arose, the mechanic of O.P. came, opened the gear box and fled away. Several requests made to the O.P. during warranty period but defects are not removed. The Complainant could not repay the installments. The O.P. has not provided the cash memo also. Being aggrieved complaint has been filed.

2. The O.P. in reply submitted that the Complainant is not a consumer of the O.P. . The manufacturer Field kind Harvester Machine, Berry Udyog Pvt. Ltd. manufacturer has not been made a party. Since from delivery of the machine all services have been provided. The Complainant has signed the satisfaction note on 15.10.2022. The O.P. has given door services three times. The Complainant certified on 15.10.2023. The service engineer of the manufacturer asked the Complainant to purchase the part of original gear box from this O.P. and to that effect Complainant paid advance of Rs. 25,000/- and when this O.P. demanded balance amount the Complainant failed to pay, hence O.P. denied to supply the same. The Complainant repaired the harvester by local mechanics and wielding the defective part in Raipur. The amount of Rs. 25,000/- has been returned.

The O.P. when demanded the outstanding amount of Rs. 1,24,000/-, to harass complaint has been filed.

The Complainant has used the machine for 925 hours and the warranty period is 800 hours. After lapse of warranty complaint has been filed. There is no deficiency on the part of the O.P. The O.P. has filed warranty policy, satisfaction note dated 15.10.2022.

3. The Complainant filed delivery challan dated 17.11.2021 of the harvester Model FKCH220088HB. NO engine number and chasis number mentioned FKCH 220088HB. No engine number and chasis number mentioned from P.D.I. check list dated 17.11.2021 it reveals that the following materials have not been provided to the Complainant.

1. Battery Gurantee Card
2. Free Service coupon booklet
3. Part catalogue
4. Operation Manual

From service Job card dated 13.11.2022 there was leakage of right hand side and the service engineer observed Gear teeth damaged with bearing and oil seal. The Complainant was suggested to purchase the spare parts “OE”. On 31.03.2023 also service provided.

4. From warranty policy it reveals that the Transaction parts like Gear, Shaft, Cover are for 800 hours guarantee as alleged by Complainant. The O.P. in the satisfaction note dated 15.10.2022 not mentioned the work done. As per warranty condition the replacement shall be made by the manufacturer Beri Udyog Pvt. Ltd. who has not been made party nor the financier M/S Mahindra & Mahindra Finance Ltd. The Complainant filed affidavit and stated that the signature on satisfaction note dated 15.10.2022 is forged one and there is no any outstanding of Rs. 1,24,000/- against him. The signature on the PDI check list dated 17.11.2021 of the Complainant and on the satisfaction note dated 15.10.2022 differs. The O.P. has not followed due procedures while obtaining the satisfaction note. The O.P. failed to establish which parts of the harvester was repaired and by whom it was repaired. Secondly, non supply of cash receipts and materials mentioned in PDI check list dated 17.11.2021 proves the deficiency on the part of the dealer/seller of the harvest. The delivery challan also does not contain the engine number and chasis number of the harvester.

Taking into consideration the circumstances of the case for deficiency in service of the O.P. following order is passed.

ORDER

The complaint is partly allowed. The O.P. is directed to provide money receipt, materials not provided as per check list within one month of this order. The Complainant has not made party to the financier and manufacturer and accordingly no order can be passed for replacement of the harvester. For deficiency in service the O.P. is directed to pay compensation of Rs. 50,000/- and litigation expenses of Rs. 5000/- to the Complainant.

Order pronounced in the open court on this 2^nd day of April 2024.

Supply free copies to the parties.