DISTRICT CONSUMER DISPUTES REDRESSAL FORUM<br /> Civil Station, Palakkad – 678 001, Kerala<br /> <br /> Dated this the 24th day of August, 2007<br /> <br /> Present: Prof.O.Unnikrishnan, Member <br /> Mrs.K.P.Suma, Member<br /> C.C.No.05/2007<br /> <br /> K.Raghunath,<br /> S/o.Kumaran,<br /> Proprietor, “Padippura Arts”, West Erattu House, Vallanghy, Nemmara Post, Alathur Taluk<br /> Palakkad. - Complainant <br /> <br /> Vs.<br /> <br /> 1. Mr.Parekh, <br /> Marketing Manager,<br /> M/s.Mehta Cad Cam Systems Pvt. Ltd., <br /> 4 & 5, 2nd Floor, Sumel Complex,<br /> Opp. GNFC Info Tower,<br /> Sarkhej, Gandhi Nagar Road,<br /> Bodakdev, Ahamedabad – 380 054<br /> <br /> 2. Mr.Syamdas, <br /> Residence Engineer,<br /> M/s.Mehta Cad Cam Systems Pvt. Ltd.,<br /> 3rd Floor, Al-fia Building,<br /> Opp. RBI, Lissie Junction,<br /> Ernakulam. - Opposite parties <br /> <br /> <br /> O R D E R<br /> <br /> By Prof.O.Unnikrishnan, Member<br /> <br /> Complainant's case in brief is as follows. <br /> <br /> Complainant has established a Sticker Cutting Unit in the style of <br /> <br /> Padippura Arts for his livelihood. When the complainant enquired about a Sticker cutting machine to be purchased for his unit, the opposite party informed that they were the authorised distributors of GCC cutting Plotters Model No.BOBCAT BI-60 and supplied a quotation dtd.20.07.2006 to the complainant and assured and guaranteed to supply the said machinery. The complainant submits that on the basis of the quotation of the opposite party he placed orders to the opposite party for the supply of one piece of the said model instrument and paid an amount of Rs.75,000/- by means of Demand draft No.760333dtd.26.07.2006 drawn on State Bank of Travancore, Nemmara Branch.<br /> <br /> The complainant alleges that on 16.08.2006, the opposite party installed one GCC cutting plotter Model No.SB-60 in the complainant's unit instead of installing Model No.BOBCAT BI – 60 as promised by them. It is submitted in the complaint that opposite party represented that due to the non availability of the model shown in the quotation the opposite parties had installed the Model No.SB – 60 stating that the installed model is equally efficient with that of the model shown in the quotation. Complainant further alleges that from the next day after installation itself the above said instrument was not properly functioning due to the software as well as hardware problems. On repeated complaints made by the complainant, the 2nd opposite party and the staff inspected and repaired the said instrument several times i.e. On 2-10-2006 and 29-10-2006 but without any result. The defects in the said instrument included as follows:<br /> a) The Mother board weak<br /> b) Tool cabinet is shake<br /> c) Not proper earthing<br /> d) “Show me” not working<br /> <br /> e) Cutting force changing etc.<br /> According to the complainant that the installed instrument was a defective one even at the time of installation itself. Complainant alleges that the instrument installed was a low quality and inferior one and opposite party cheated him with malafide intention. Complainant further states that he has sustained a huge financial loss and opposite parties were responsible for the loss and damages sustained. As a result of the non functioning of the instrument the complainant was forced to close his unit thereby he had lost his livelihood inspite of investment of large amount to the tune of Rs.2.5 lakhs and for starting the unit he had availed a loan of Rs.1 lakh from the State Bank of Travancore, Nemmara Branch. Since his unit being closed he was not in a position to repay the bank loan and was liable to pay an additional amount of Rs.10,000/- by way of the additional interests.<br /> <br /> It is further averred that since the instrument supplied was a defective he has sustained a loss of Rs.55,000/- being the value of the same, large quantity of materials used for sticker cutting were damaged rendering him to suffer a loss to the tune of Rs.10,000/-. Moreover, he had also suffered a loss of Rs.500/- per day for the last four months continuously on account of non compliance of the orders placed by the customers for sticker cutting and his capacity to meet the order placed by the customers had demoralized his reputation among the public and a lot of bad feelings, sufferings and mental agony caused to the complainant by the act of opposite party and for which the complainant is entitled for a compensation of Rs.30,000/- at the minimum level.<br /> <br /> On 10-11-2006 the complainant had sent a registered lawyer notice to the opposite party setting forth above facts and demanding either to replace <br /> <br /> the installed instrument with a new model No.BOBCAT BI 60 cutting plotter or pay an amount of Rs.1 lakh towards compensation. But the same was returned as unclaimed. Opposite party neither replied nor replaced the defective instrument even though they have offered for one year warranty. The complainant alleges that the actions and inactions on the part of the opposite parties amounted to unfair trade practice as well as deficiency in service. <br /> <br /> Feeling aggrieved the complainant filed this complaint before this Forum seeking an order directing the opposite parties jointly and severally to pay an amount of Rs.1 lakh as compensation for the injuries sustained due to the unfair trade practice and deficiency in service committed by the opposite parties, to pay cost of this proceedings and to grant such other reliefs as the forum deems fit and proper to grant in the circumstances of the case.<br /> <br /> After admitting the complaint notice was served to the opposite parties. Inspite of accepting the notice, 1st opposite party did not appear or represent before this forum. Notice served to the 2nd opposite party was returned unclaimed. Hence the name of the opposite parties were called and set ex-parte. The opposite parties had sent the version through postal service but the same was not taken into record since they failed to appear before the forum and set aside the ex-parte order.<br /> <br /> Complainant filed proof affidavit and exhibits A1 to A9 were also marked on the side of complainant.<br /> <br /> Heard the complaint and perused all the relevant documents on record. It is true that the complainant had paid an amount of Rs.75,000/- to the opposite parties for the purchase of sticker cutting machine. One GCC Cutting <br /> <br /> plotter model No.SB-60 was installed between 16/08/2006 and 18/8/2006 as per the Ext.A3. It is clear from Ext.A4, A5 and A6 that the said machine was serviced by opposite parties for the defects reported by the complainant. The lawyer notice issued to opposite parties stating that the instrument was not working due to software and hardware problems but it is seen unclaimed. We are of the view that the complainant has failed to take any steps to prove that the said instrument was defective as stated in the complaint. He ought to have produced an expert opinion with regard to the above aspect. In the absence of such evidence we are not in a position to attribute deficiency of service on the part of opposite parties. In view of the facts set forth above we are not in a position to allow the complaint.<br /> <br /> In the result the complaint is dismissed with no costs.<br /> <br /> Pronounced in the open court on this the 24th day of August, 2007 <br /> Member (Sd)<br /> <br /> Member (Sd)<br /> Appendix<br /> <br /> Exhibits marked on the side of complainant<br /> Ext.A1 – Delivery Challan No.R.251 dtd.07.08.06 issued by 1st opposite party<br /> Ext.A2 - Invoice No.RI/MCPL/251/06-07 dt.07-08-2006 issued by 1st opposite party<br /> Ext.A3 – Installation record<br /> Ext.A4 – Service Report dtd.18/08/2006<br /> Ext.A5 - Service Report dtd.02/10/2006<br /> Ext.A6 - Service Report dtd.19/10/2006<br /> <br /> <br /> Ext.A7 (Series) Copy of lawyer notice issued by complainant dtd.10.11.06, acknowledgement etc.<br /> Ext.A8 - Acknowledgement card<br /> Ext.A9 – Letter sent by complainant to 2nd opposite party returned unclaimed<br /> <br /> Exhibits marked on the side of opposite parties<br /> <br /> Nil<br /> <br /> Costs (Not allowed)<br /> <br /> Forwarded/By Order, <br /> Sd/-<br /> Senior Superintendent