Presented by Miss B. L. Dora, Member:- <br /> <br /> In this case, the Complainant is a cultivator and for weighment of seed, vegetables, manures etc. placed an order to the Opposite Party for supply of an electronic weightment scale. Accordingly the Opposite Party had supplied the said product bearing P.O. No. 4786(1), Model No. N.B-30 A having a capacity of 30 Kg, stamping No. P-128460 to the Complainant at Sohella, Dist. Bargarh, through his sales personnel Panchanan Behera, the price of which is paid to him by the Complainant amounting to Rs. 6,000/-(Rupees six thousand)only as per Tax invoice No. 757 Dt. 26/03/2007.<br /> <br /> The assurance of the Opposite Party is to give proper service within time limit and the warranty period for the said machine is one year.<br /> <br /> The said machine went out of order within one month of purchase, and the Opposite Party removed this defect on Dt.11/08/2007. Again when this problem arised, the Complainant repeatedly made complain and this problem also removed by the Opposite Party on Dt. 26/12/2007 with cost of the Complainant but since then also the weighment scale time and again went out of Order.<br /> <br /> But when the Opposite Party remained silent about his Complain, the Complainant on Dt. 07/01/2008 sent Registered notice to the Opposite Party either give charge of the said scale or to repair the same, but no effect.<br /> <br /> Due to this act of the Opposite Party, the Complainant sustained loss of time and energy in taking help of another weightment scale.<br /> <br /> By this reason, the Complainant prays for compensation of Rs. 7,000/-(Rupees seven thousand)only with refund of Rs. 6,000/-(Rupees six thousand)only, the price of the said weighment scale or the Opposite Party may be directed to substitute a new weighment scale within a period of seven days with litigation cost and equitable relief.<br /> <br /> In response to this, the Opposite Party denied the date of supplying machine to the Complainant and denied the allegations made against him in the complaint petition on stating that, by getting notice from the Complainant the Opposite Party has replaced the old machine without charge and gave a new one through his sales personnel which the complainant has received with full satisfaction on Dt.12/06/2008.<br /> <br /> On verification of Documents and after hearing it is conclude that the said machine has replaced and the Complainant has fully satisfied on it without objecting any thing. But although the Opposite Party is not deficient to provide service here, he has replaced the said machine after filing of the case. This negligent act of the Opposite Party harassed the Complainant which compelled him to file a case.<br /> <br /> The Complaint is allowed.<br /> <br /> The Opposite Party is directed to pay Rs.1,000/-(Rupees one thousand)only as compensation for mental agony and litigation expenses to the Complainant within one month from the date of Order, failing which the awarded amount shall carry 12%(twelve percent) interest per annum till the date of payment.<br /> <br /> The case is disposed of.