DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD

Dated this the 18^th day of April 2011

Present : Smt.Seena H, President

: Smt.Preetha G Nair, Member

Dt. Of filing : 04/02/2011

(C.C.No.22/2011)

P.N.Sukumaran,

S/o.Narayanan,

Silpi Nivas,

Pathiyarathodi,

Keralassery,

Palakkad - Complainant

(By Party in person)

V/s

Proprietor

The Selvi Enterprises

Opp.Dhanam Auto Stress

300B, Dr.Nanjappa Road

Coimbatore – 641 018. - Opposite party

O R D E R

By Smt.PREETHA.G.NAIR . MEMBER

Complaint is as follows :

The complainant has purchased a 0.5 H.P. Air compressor with 0.5 HP motor on 1/1/2010 for a price of Rs.7200/- from the opposite party. The machinery was installed only after 6 months after obtaining electrical connection and the machinery stopped after working 10 minutes. The fact was informed to the opposite party and according to the request of opposite party the machinery was returned to the opposite party and it was replaced by a new machinery. The second motor was obtained on 13/12/10 and it was used by the complainant. It is seen that the power of the motor is not according to the stipulation and is not functioning properly. The fact was informed to the opposite party but no action was taken by the opposite party. So a lawyer notice was issued by the complainant on 13/12/10 calling upon opposite party to take back the motor. But opposite party has not taken any action. The complainant is earning his livelihood by using the air compressor with 0.5 HP motor for making agricultural implements. The failure of the motor has caused loss of earning. The act of opposite party amounts to deficiency of service on their part. So the complainant seeking an order directing the opposite party to replace the machinery with a new one or return the purchase price of Rs.7200/- and Rs.25,000/- as compensation for mental agony.

Opposite party was called and set exparte. Complainant filed proof affidavit. Ext.A1 to A5 marked on the side of complainant.

Issues to be considered :

1. Whether there is deficiency of service on the part of opposite party?

2. If so, what is the relief and cost entitled to the complainant ?

Complainant is conducting an agricultural implement making plant as his livelihood for which he has purchased an air compressor with 0.5 HP motor on 1/1/10 from the opposite party for Rs.7200/- The machinery was installed only after 6 months after obtaining electrical connection and the machinery was stopped after working 10 minutes. Opposite party replaced the defective machinery with a new one. But the second motor supplied was not a new one and the power of the motor seems to be less than the other. Because of the defective supply of the motor the complainant cannot work his plant. The act of opposite party caused mental agony and financial loss to the complainant. All these contentions are supported by Ext.A2 – A4 documents.

The facts evident from Ext.A2 to Ext.A4 documents are the complainant purchased air compressor from the opposite party and once it was replaced. Being opposite party is set exparte the contentions of the complainant stand unchallenged. Providing defective machinery to the complainant can be considered as deficiency of service on the part of opposite party.

In the result complaint is allowed. Opposite party is directed to pay an amount of Rs.5500/ (Rupees Five thousand and five hundred only) as cost of the air compressor which is one year old alongwith Rs.2000/-(Rupees Two thousand only) as compensation and Rs.1000/- (Rupees One thousand only) as cost of the proceedings. Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest for the whole amount from the date of order till realization. Opposite party can take back the old machine which they supplied on compliance of the order.

Pronounced in the open court on the 18^th day of April 2011.

Sd/-

Smt.Seena.H

President

Sd/-

Smt.Preetha G Nair

Member

APPENDIX

Exhibits marked on the side of the Complainant

Ext.A1 – Coy of lawyer notice dated 13/12/2010 sent to opposite party

Ext.A2 – Guarantee Certificate issued by Opposite party

Ext.A3 - ABT Parcel Service Way Bill NO.120292 dt.2/8/10

Ext.A4 – ABT Parcel Service Way Bill NO.137376 dt.26/7/10

Ext.A5 – SBT counter foil for Rs.1000/- dtd.2/1/10.

Cost Allowed

Cost – Rs.1000/- (Rupees One thousand only) allowed as cost of proceedings.