Passed by Shri Atul D. Alsi, Hon’ble President 

1. The complainant graduate engineer from Landon University    want to start his own business at MIDC, Butibori, and Nagpur was manufacturing Small Scale Industry and obtain necessary permission from Government to earn his lively hood. the complainant want to start business for making liquid solution which is acquires urea solution manufacturing for diesel for vehicles with the support other technical assistants which reduces harmful air pollution  CO2 in atmosphere. Therefore the complainant book industrial instruments for refilling mechanism.  As per the estimate quotation of opposite party for Rs.5,63,020/-  with one year warranty from the installation of the instrument. The complainant paid the cost Rs.5,00,000/- through NEFT of on dated 13.10.2018 and 2.11.2018. The complainant also paid remaining amount of Rs.5,60,002/- on dated 10.1.2019. After due payment the opposite party fail to install instrument. After several request of installation the opposite party fail to install the instrument on dated 16.1.2019,  21.1.2019,  9.4.2019, at various time by sending his technical team. Due to non in stallion of instrument the complainant suffers losses.   Thereafter the complainant issued legal notice for refund of money for the reason of non installation of instrument through advocate on dated 29.9.2019. But the notice does not complied and therefore for refund of the price of instrument present complaint is filed.
2. After service of notice the opposite party failed to appear before the Commission, therefore the case proceed exparte against opposite party on dated  13.8.2021.
3582407835169.  
3. The complainant purchase the instrument for his small scale industry for earning his lively hood by paying Rs.5,60,000/- as per invoice bearing no.143 filed on record as per list of document  dated 24.12.2019.  Therefore the complainant is a consumer.
4. The opposite party after payment of instrument failed to install the instrument and therefore the complainant is obstrained  from using the machinery for his small scale industry. After service of legal notice through advocate B.S. Verma for the complainant the opposite party failed to install  the machinery at the site of complainant small scale industry. The non refund of money received for the instrument does amounts to deficiency of service on the part of opposite party. Therefore opposite is liable to refund the price of instrument amounting to Rs. 5,60,000/- along with interest 7% p.a. from the date of admission of the case i.e.14.1.2020 till realisation alongwith mental torture amounted to Rs.20,000/- with cost of litigation of Rs. 10,000/- to the complainant as per following order.

6698606. 1. The complaint is partly allowed.
         2. The O.P. shall refund the amount of Rs.5,60,000/- along with 7% interest p.a. from the date of admission of the case i.e.14.1.2020 till realisation.  |The opposite party is liable to pay Rs. 20,000/- towards compensation for mental torture and agony with cost of litigation amount to Rs. 10,000/-.
         3. Copy of order be  furnished to both parties, free of cost.