DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD

Dated this the 31^st day of August 2019

Present: Smt.Shiny.P.R, President

           : Sri. V.P.Anantha Narayanan, Member           Date of Filing: 06/06/2018

(C.C.No.74/2018)

T.K.N.Jayakumar,                                                             

Sumangi,

Thekkumuri,                                                  -        Complainant                             

Kalleppully.P.O,

Palakkad – 678 005.

(By Adv.Viju.K.Raphel) 

Vs

1. Rakesh Talwar,

M/s.Saloni Traders,

      S-3/56A, Gali No.2, 

Old Mahavir Nagar,                                  -        Opposite parties

      Tilak Nagar, New Delhi – 110 018. 

2. M/s.Saloni Traders,

22/38, Tilak Nagar,                                 

      New Delhi – 110 018.                                       

O R D E R

By Smt.Shiny.P.R.  President.

Brief facts of the complaint

The complainant purchased a disposable paper plate manufacturing machine for an amount of Rs.1,50,000/- from the opposite parties. At the time of purchase opposite parties have given an assurance that if there is any defect in the machine they will take back machine and the cost of machine will be refunded.  In the brochure sent by the opposite parties it is stated that they will provide the raw materials(paper rolls)to the customers and will take back the finished products at piece rate of labour cost from the customers. At the time of placing the order complainant informed the opposite parties that the dispatch should be made as per the Government/Sales Tax norms and all documents should be prepared in name of his firm. It is also directed that all documents with the way bill should be dispatched to the complainant in order to avail subsidy from the Government.  After 2-3 weeks they dispatched the machine without way bill.  Hence the complainant refused to take delivery of the machine. Then the opposite parties were given an assurance that they will compensate the loss in tax and subsidy later, once the job is in progress. Believing the assurance of the opposite parties complainant has taken the delivery of machine on                15-06-2016. The Service Engineer of the opposite parties installed the machine on 01-07-2016. After a few days machine started giving problem. On 14-07-2016 the Service Engineer of the opposite parties come and tried to cure the defects. But he could not cure the defects. He said that some of the parts of machine are not in working condition. Again on 27-07-2016 another Service Engineer come to the repair the machine, he was also failed to cure the defects. As per the direction of the Service Engineers complainant purchased capacitor and replaced the same at his own cost. But the machine did not work. Complainant submitted that by selling defective product opposite parties committed deficiency in service. Due the deficiency in service on the part of opposite parties he had suffered a lot of mental agony and huge financial loss. Hence the complaint. Complainant prays for an order directing opposite parties to pay an amount of Rs.4,74,000/- to the complainant.

Complaint was admitted and notices were issued to opposite parties. Notices to opposite parties were returned stating left. Hence complainant filed application for substituted service against opposite parties and that application was allowed. Paper publication was effected in the daily news paper “Times of India”. No representation for the opposite parties. Hence name called absent set ex-parte.

Complainant filed chief affidavit. Documents were marked as Ext.A1 to Ext.A15. Complainant filed an application for the appointment of an expert commissioner to examine the machine and file a detailed report and that application was allowed and an expert commissioner was appointed. Commissioner filed report which was marked as Ext.C1.

The following issues are raised for consideration:

1. Whether there is deficiency in service on the part of opposite parties?
2. If so, what is the relief?

Issues 1&2

Heard. We have perused the documents filed by the complainant.

Ext.A1 to Ext.A15 documents were produced to prove the case of the complainant. These documents proved that the complainant had purchased disposable paper plate manufacturing machine for an amount of Rs.1,50,000/- from the opposite parties. In Ext.C1 commission report commissioner reported that the whole machine rusting and not in working condition. AC Induction Motor with the Capacitor is the main part of the fully automatic crank single die machine which is not working condition. Relying upon the report of the commissioner we are of the view that the disposable paper plate manufacturing machine has some manufacturing defects. In the above circumstances we came to the conclusion that by selling defective product to the complainant opposite parties committed deficiency in service.

In the result complaint is allowed. Opposite parties are jointly and severally directed to pay to the complainant an amount of Rs.2,25,000/-(Rupees Two Lakhs twenty five thousand only) towards compensation for  mental agony suffered, financial loss and cost of proceedings. 

Order shall be complied within a period of one month from the date of receipt of order, failing which complainant is eligible for 9% interest per annum for the whole amount from the date of order, till realization.

Pronounced in the open court on this the 31^st day of August 2019.

Sd/-

     Shiny.P.R.                     

     President   

          Sd/-   

         V.P.Anantha Narayanan

     Member

Appendix

Exhibits marked on the side of complainant.

Ext.A1 – Brochure of disposable paper plate manufacturing machine given by 1^st

  opposite party to the complainant.

Ext.A2 – Specimen of the agreement copy given by opposite party to the complainant.

Ext.A3 – Copy of original agreement given by 1^st opposite party.

Ext.A4 – Scan copy of the receipt of the machine despatched from 1^st opposite party.

Ext.A5– Scan copy of the invoice sent by 1^st opposite party to the complainant.

Ext.A6- Original invoice issued by 1^st opposite party to the complainant.

Ext.A7- Copy of receipt issued by 1^st opposite party to the complainant.

Ext.A8- Copy of acknowledgement receipt for delivery of raw material.

Ext.A9- Copy of declaration for transportation.

Ext.A10 Series – Copy of e-mails sent to the opposite party by the complainant.

Ext.A11 – Copy of quotation for making paper plates given by the 1^st opposite party.

Ext.A12 Series – Copy of letter sent to the 1^st opposite party.

Ext.A13 – Copy of acknowledgement received from DIC, Palakkad.

Ext.A14 – Copy of D&O License issued by Marutharode Grama Panchayath, Palakkad.

Ext.A15 – Bill of advertisement charge for advertise in the News papers.    

Exhibits marked on the side of Opposite party

NIL

Commission Report

Ext.C1- Commission report dated 19/3/2019 submitted by the Expert Commissioner

 (Original)

Witness examined on the side of complainant

NIL

Witness examined on the side of opposite parties

NIL

Cost:   NIL