Delhi

New Delhi

CC/1361/2010

Ravinder Singh - Complainant(s)

Versus

M/S. Emtex machinery Pvt.Ltd. - Opp.Party(s)

26 Feb 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/1361/10                                                                                                                                                                              Dated:

In the matter of:

Ravinder Singh,

Prop. Robotic Automation Factory,

Kadipur Industrial Area,

Gali no.2, plot no.104, Pataudi Road, Gurgaon

……..COMPLAINANT

       

VERSUS

M/s. Emtex Machinery Pvt. Ltd.,

4-E, Vandana Building,

11, Tolstoy Marg, C.P, New Delhi

……..OPPOSITE PARTY

 

ORDER

Member: S.R Chaudhary

The Complainant had purchased a Mikrocut Milling Machine vide receipt no.2798 dated 08.02.10 for a sum of Rs.2,39,700/- and machine was installed on 11.03.10 but OP had supplied one clamping kit which was not lasted even a month. Complainant approached a number of times to OP but OP could no rectify the machine in question despite engineer visits vide serial no.4401 dated 28.04.10, 4324 dated 09.06.10. Consequently complaint was filed but OP proceeded exparte on 29.03.12.

As per exparte evidence reveals that OP supplied him outdated machine which could not run smoothly consequently complainant suffered loss to buy such machine. Ultimately legal notice was sent to OP on 09.08.10 but OP did not respond rather deliberately being silent not to contest the case even due to his mala fide intention which shows clear case of deficiency and unfair trade practices on the part of OP which brought complainant into litigation.

Keeping in view, OP is directed to rectify the machine and make it proper functioning by changing defective parts at free of cost within 30 days failing which cost of machine may be returned back to complainant. We also award Rs.15,000/- as harassment and litigation expenses.

The order shall be complied within 30 days of the receipt of the copy of the order; otherwise action can be taken against OP under Section 25 / 27 of the Consumer Protection Act.

File be consigned to record room.

Copy of the order be sent to the parties free of cost.

 

 

        Pronounced in open Court on 26.02.2015.                    

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)                 (Ritu Garodia)

MEMBER                                  MEMBER