MR. PRAVAT KUMAR PADHI, PRESIDENT:-
This C.C.Case No. 25/2023 has been filed U/s-35 of C.P.Act, 2019 seeking following relief:-
Honbl’e Commission may direct the Op-1 to replace the machineries at their own cost & installed those in the unit of the Complainant by providing warranty card, booklet etc. Further direct to the Op No.1 to pay of Rs. 1,00,000/- for mental agony, suffering sustained by Complainant and also direct to Op No.1 to pay entire interest accrued in the loan account of the Complainant maintained with Op No.2.
Heard the Ld. Counsel from both the parties in length. Perused the documents available on record and also gone through the complaint petition & so also perused the written version filed by the Ops.
Op No.1 is the Proprietor who was supplied the machinery and not provided any service for which the present C.C.Case has been filed. Op No.2 is the Financer who has financed for purchasing the machinery.
We have gone through the tax, invoice and representation dt. 17.12.2022 of C.C.Case, wherein Complainant has alleged regarding the defective machinery and Ops admitted the defect in the product and also admitted regarding the defect of the motor of V-guard Company which has been sold by Op No.1 without mentioning about the product in the bill issued by Op No.1. The Op No.1 has not taken any pain to remove the defect in the product from his own side after receipt of the representation and notice from this Commission.
The Complainant is sitting idle and not able to pay the Bank dues. non-maintainace of the product within a period of one year of selling the product which amounts to gross deficiency in service and non mentioning the name of V-Guard Company in tax invoice receipt amounts to unfair trade practice.
For supplier defective product, non-maintainace of product, Complainant is sustaining loss and deprived of her livelihood in a decent manner, which violates Article-21 of Constitution of India.
We therefore direct the Op No.1 to replace the defective motor with a new one with same warranty period from the date of replacement and we also impose cost of Rs. 1,00,000/- for loss of earning, Rs. 10,000/- for mental harassment undergone and Rs. 5,000/- towards cost of this litigation. The Op No.1 shall pay the entire awarded amount to the Complainant within a period of 45 days from the date of receipt of this order. The complainant shall pay at least 50% of the amount to Op No.2 towards Bank dues.
With the aforesaid direction and observation the C.C.Case No. 25/2023 is allowed and accordingly disposed off.
Issue extract of the order to the parties for compliance..
Pronounced in the open Commission, on this the 25th day of October,2023.
I, agree.
Sd/- Sd/-
MEMBER PRESIDENT
