Tamil Nadu

South Chennai

CC/4/2016

K.Selvaraj - Complainant(s)

Versus

M/s.Reliable Paper - Opp.Party(s)

K.B.Vivekanandhan

04 Jul 2017

ORDER

                                                                        Date of Filing :   11.11.2015

                                                                        Date of Order :   04.07.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

                  TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

             DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

C.C.NO.4/2016

TUESDAY THIS  4^TH    DAY OF JULY 2017

 

K. Selvaraj,

S/o. R.Krishnan,

No.9, Marianna Street,

Poongka Nagar,

Tiruvallur.                                                          .. Complainant

                                        ..Vs..

 

The Reliable Paper,

A Unit of the Leisures Pvt. Ltd.,

Rep. by its Business Development

Manager C. Karthick,

No.87, 2^nd Floor, G.N. Chetty Street,

T.Nagar, Chennai -17.                                    .. Opposite party.  

 

For Complainant counsel           :    M/s. K.B. Vivekanandhan     

For opposite party counsel         :   M/s. D. Palanisamy (exparte).  

ORDER

THIRU. M. MONY, PRESIDENT

          This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act 1986 seeking direction to pay a compensation of Rs.4,50,000/- towards defective machine supplied by the opposite party and to pay cost of the complaint.  

 

 1. The averment of the complaint in brief are as follows:

         The complainant submit that he purchased a Semi Automatic Plat Single Die Paper Machine from the opposite party for a sum of Rs.1,84,850/- and complainant paid the said amount in four installment namely Rs.1,20,000/- on 22.1.2014, Rs.43,450/- on 7.2.2014, Rs.10,000/- on 21.2.2014 and final balance amount of Rs.11,500/- on 26.3.3014.  Thereafter the said machine was supplied by the opposite party on 26.3.3014.   Further the complainant submit that the said machine did not work properly right from the beginning.  The complainant informed the opposite party about the repair and opposite party asked the complainant to bring the machine to ARK Colony, Alwarpet.  Even then the machine was did not work. Accordingly the complainant sent a lawyer’s notice on 17.5.2015 that despite of repair the machine did not work at all and for mental agony.   There was no response from the opposite party.    As such the act of the opposite party amounts to deficiency in service which caused mental agony and hardship to the complainant.     Hence the complaint is filed. 

2.     Inspite of receipt of notice the opposite pary  did not appear before this forum and therefore he was set exparte.  

4.     Though the opposite party remained exparte this  Forum wants to dispose this compliant fully on merits with available materials before this forum. 

5.     In such circumstances,  in order to prove the allegation made in the complaint the proof affidavit is filed by the complainant as his evidence, and also Ex.A1 to  Ex.A6  are marked. 

 

6.      The points for consideration before this Forum is:

Whether the complainant is entitled to a sum of Rs.4,50,000/- towards the cost of the defective machinery and mental agony sustained with cost  as prayed for ?

 

 

7. ON POINT : -

 

        The complainant pleaded and contended that on  22.1.2014 he purchased a Semi Automatic Plate Single Die Paper Machine from the opposite party for a sum of Rs.1,84,850/-.  After due negotiation  the complainant paid the said amount in four installment namely Rs.1,20,000/- on 22.1.2014, Rs.43,450/- on 7.2.2014, Rs.10,000/- on 21.2.2014 and final balance amount of Rs.11,500/- on 26.3.3014.   The complainant further contended that the said Semi Automatic Plate Single Die Paper Machine did not work properly right from the beginning and was informed to the opposite party for rectifying the fault.   On the instruction of the opposite party the complainant took the said machine to ARK Colony, Alwarpet, Chennai but the opposite party has not attended the fault properly.   Hence it is proved beyond reasonable that the opposite party committed deficiency of service as well as unfair trade practice by providing defective machinery.   Since the machine is not properly functioning the complainant sustained  hardship and mental agony.   The complainant issued legal notice Ex.A5 dated 17.5.2015 even after receiving the notice the opposite party wantonly neglected and failed to give any reply.  Hence the complainant is constrained to file this case.    The complainant is claiming a sum of Rs.4,50,000/- towards compensation for mental agony.    But on careful perusal of the entire records the complainant has not pleaded and proved that what is the manufacturing defect involved in the machine.   Similarly the complainant has not proved the quantum of mental agony in the manner known to law;  equally the complainant has not proved the pecuniary and non pecuniary loss.  Considering the facts and circumstances of the case this Forum is of the considered view that the opposite party is directed to repair the said machine after replacing all the defective parts within one month from the date of this order i.e. 4.7.2017 failing which the opposite party is liable to pay a sum of Rs.1,84,850/- towards the cost of the machine and compensation of Rs.20,000/- towards mental  agony with cost of Rs.5,000/- and point is answered accordingly. 

        In the result the complaint is allowed in part.   The opposite party is directed to repair the complaint mentioned machine after replacing the defective parts within one month from the date of this order i.e. 4.7.2017 failing which the opposite party is directed to pay a sum of Rs.1,84,850/- (Rupees one lakh eighty four thousand eight hundred and fifty only) towards the cost of the machine and compensation of Rs.20,000/- (Rupees Twenty thousand only) towards mental  agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.

The above  amount shall be payable within six weeks from the date of receipt of the copy of the order, failing which, the said amounts shall carry interest at the rate of 9% p.a to till the date of payment.       

 

  Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the  4^th  day  of  July 2017.  

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

 

Complainants” side documents:

Ex.A1- 22.1.2014  - Copy of receipt for Rs.1,20,000/-

Ex.A2- 7.2.2014    - Copy of receipt for Rs.43,500/-

Ex.A3- 21.2.2014  - Copy of receipt for Rs.10,000/-

Ex.A4- 26.3.2014  - Copy of receipt for Rs.11,500/-

Ex.A5- 17.5.2015  - Copy of legal notice.

Ex.A6- 27.5.2015 - Copy of Ack. card.

 

Opposite parties’ side document: -   

.. Nil..

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.