A  Rajesh, President.

          The undisputed facts of the complainant’s case are as follows:

          On 09-04-2010 the complainant  purchased a 2 HP Double Air Compressor and HP  motor single phase from the 1^st opposite party with one year warranty at a price of Rs. 21,100/- which was manufactured by the 2^nd opposite party. He has purchased the machine for his livelihood by means of self employment.  Three days after the purchase the compressor became defunct.  As per the direction of the 1^st opposite party the complainant brought the compressor to the 1^st opposite party’s shop in February. The 1^st opposite party purportedly rectified the defects and re-delivered the machine to the complainant but the defects persisted.  Due to the failure of the machine the complainant had to suffer mental agony, inconvenience and financial loss.  On 12-03-2011 the complainant caused to issue a lawyer notice to the opposite parties highlighting his grievances.  But the demand fell on deaf ears.  Thus the complainant is before us seeking direction against the opposite parties either to refund the price of the machine or replace he same with a new one together with Rs. 1,800/- the incidental expenses incurred by him.  Hence this complaint.   

          2. Despite service of notice from this Forum the 2nd opposite party opted to remain absent during the proceedings for their own reasons.  Though the 1st opposite party appeared through counsel he preferred not to file version. Documents produced by the complainant were marked as Exts. A1 to A5 and proof affidavit also has been filed by the complainant. Heard the complainant who appeared in person and the counsel for the 1^st opposite party.

          3. The points that  arose for consideration.

          i. Whether the complainant is entitled to get refund of the price of the machine or replacement of the same with a new one?

          ii. Whether the complainant is entitled to get Rs. 1,800/- from the opposite parties as incident expenses towards costs?

          4. Point No. i.  On 09-04-2010 the complainant had purchased a 2 HP Air  Compressor and single phase motor at a total price of Rs. 21,100/- from the 1^st opposite party, evidenced by Ext. A1 estimate. Ext. A2 guarantee card goes to show that  12 months has been provided by the 2^nd opposite party to the machines.  Ext. A4 lawyer notice would show that the complainant has demanded the opposite parties to take action to replace the machine.  Neither documentary nor oral evidence is before us to controvert the evidence of the complainant.  Nothing is on record to discard the case of the complainant.  In the above circumstances we are of the firm view that the 2^nd opposite party the manufacturer is liable either to refund the price of the machine or replacement of the same with a new one.  According to the Hon’ble National Consumer Disputes Redressal Commission   a frustrated consumer is entitled to get refund of the price of the machine from the manufacturer ( Soni Ericson Vs. Ashish Agarwal (IV) 2007  CPJ 294)  Which goes only to affirm our findings that a consumer shall not be put to injury unnecessarily at what ever cost.    In view of the above the complainant is entitled to get refund of the price of the machine from the 2^nd opposite party.

          5. Point No. ii.  The incidental expenses claimed by the complainant is allowed to that  extend.

          6. In the result, we  allow the complaint and direct that the

           (i) 2^nd opposite party shall refund Rs. 21,100/- to the complainant together with interest @ 12% p.a. from the date of complaint till realization.  In that event the complainant shall return the defective machine to the 2^nd opposite party simultaneously.          

          (ii) The 2^nd opposite party shall also pay Rs. 1,800/- to the complainant as claimed as incidental expenses by way of this litigation.        

       Pronounced in the open Forum on this the 30^th day of June 2011.