Punjab

Mansa

CC/20/23

Sanjib Kumar - Complainant(s)

Versus

Quvix India Pvt Ltd - Opp.Party(s)

Sh Gurwinder Kumar Mangla

25 Jul 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
MANSA
PUNJAB
 
Complaint Case No. CC/20/23
( Date of Filing : 16 Jun 2020 )
 
1. Sanjib Kumar
S/o Sh Sat Narian , r/o Ward No, 4, near Ispat Pvt Ltd. Bhikhi road Budhlada Tehsil Budhlada
Mansa
Punjab
...........Complainant(s)
Versus
1. Quvix India Pvt Ltd
101,AMI Complex, StreetNo. 11, Jivan Nagar Chowk, Ludhiana -141010
Ludhiana
Punjab
2. Kirloskar Pneumatice Company Ltd
Hadapsar Industrial estate, Pune 411013
Maharashtra
............Opp.Party(s)
 
BEFORE: 
  R.L.MITTAL PRESIDENT
  Sharda Attri MEMBER
  Suraj Goyal MEMBER
 
PRESENT:Sh Gurwinder Kumar Mangla, Advocate for the Complainant 1
 Sh Darshan Singh Chahal, Advocate for the Opp. Party 1
Dated : 25 Jul 2022
Final Order / Judgement
The case of the complainant is that he purchased one Kirloskar make Screw Compress Model KES11-755 for Rs. 2,05,000/- from OP No.1 on 27.6.2019 vide invoice No.2019-20/INV/042. He has also purchased Air Receiver and Refrigerated Air Dryer alongwith above-said compressor through the same bill from OP by making cash payment. The above said articles had delivered by the OPs at Budhlada. At the time of purchase of the abovesaid articles the OPs were assured that the said compressor carries one year full warranty and the same will be repaired to the satisfaction of complainant whenever any fault occurred. After some days from the purchase of said compressor, a  fault took place in the compressor and it stopped working. An intimation was given to the OPs and OPs sent their technical person to fix the problem on 8.7.2019 and he found that it is in breakdown condition due to main motor burnt and said that he will inform his higher officer about the same. After that the complainant several times requested the OPs to repair the said compressor. The complainant on advice of OPs purchased certain other related products of the compressor from the OPs on 13.12.2019 for an amount of Rs. 13123/-. The OPs again sent their technician on 13.1.2020 but he again failed to fix the main problem of the compressor. The Engineer of OPs visited third time to the premises of the complainant on 26.2.2020 to check the compressor, but he again failed to rectify the compressor. The complainant had intimated the matter to the OPs on 22.7.2019, 25.7.2019, 29.7,2019 31.7.2019, 7.8.2019 and then 8.8.2019 but they did not bother the requests of the complainant. It is alleged that the machinery supplied by the OPs is a defective piece and it became faulty after some days of its installation. Hence the present complaint for a direction to the OPs to refund the amount of Rs. 2,05,000/- the price of the machine/compressor and Rs. 2.00,000/- as compensation for mental and physical harassment alongwith  Rs.20,000/- as costs. 
The defence of OPs is that the complainant had purchased one Kirloskar make Screw compressor and refrigerated air dryer. It is submitted that OPs have given all the requisite services to the complainant without any delay. The machine was stopped due to the fault of the complainant and at that time OPs repaired the machine. It is admitted that on the complaint of the complainant the expert of the OPs/company had went to the site of complainant and he tested the machine and found that the compressor was not working due to tempering of control panel by complainant on his own, for which the OPs are not responsible. 
We have heard the counsel for the parties and have gone though the case carefully. Written arguments submitted by OPs.
It is an admitted fact that the product purchased by the complainant was not working properly. It is also an admitted fact that the OPs deputed their technician at the site of complainant for repair of the product in question. Exhibit C-3, C-4 and C-5 reveal that the technician/Mechanic of the OPs visited at the site of the complainant for repairing the product but they could not rectify the same as per the  satisfaction of the complainant. It has not been proved on record as to why the defect occurred in the machine time and again, despite the repair by the OPs as alleged and shown in the report Ex. OP-6. It has been proved that despite repairing number of times, the problem subsisted in the said product. 
During the course of arguments both the parties agreed to settle the matter, if the said machine is repaired by the OPs at their own expenses. 
In view of the facts and circumstances of the case and discussion above, we partly allow the complaint with a direction to the OPs to rectify the product purchased by the complainant at own cost. In case at the time of repair, if any part of the product found to be damaged/dead, then OPs will be bound to replace the same without any charges. For repair of the product in question the mechanic of OPs will visit at the premises of the complainant. Compliance of the order be made by OPs within 45 days from the date of receipt of the copy of the order. Copy of the order be sent to the parties concerned free of cost and file be consigned to the record. 
 
 
[ R.L.MITTAL]
PRESIDENT
 
 
[ Sharda Attri]
MEMBER
 
 
[ Suraj Goyal]
MEMBER
 

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