DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI
C.C.NO.52 OF 2016
Present: Sri Rabindranath Mishra - President.
Miss Sudhiralaxmi Pattanaik - Member .
Sri Purna Chandra Tripathy - Member .
Sri Ashok Kumar Panda aged 25 yers
C/O: Krushna Mohan Panigrahi, Proprietor,
M/S Krishna Fly Ash Bricks Industries At/PO: K. Nuagan,
PS: K. Nuagaon, Baliguda Dist: kandhamal, Odisha. ……………………….. Complainant.
Versus.
Revomac Industries. B-53. Bileswar Industrial Estate
Opp, G.V.M.M GIDC, Odhav, Ahmedabad- 382445,
Gujrat, India Phone +919925067406. E-male- Sales
@revomac. In/info@ revomac.in … ………………………….. OPP. Parties.
For the Complainant: Sri G.N.Padhi, Advocate and his Associates.
For the OPP. Parties: None.
Date of Order: 30-06-2017
O R D E R
The case of the Complainant in brief is that being an unemployed he started an industry in the name and style of Krishna Fly ash Bricks Industries at K. Nuagan, under Balliguda Sub- division of Kandhamal District. As per advertisement he purchased the machineries from the O.P to the tune of Rs. 18, 37,500/- on 22-12-2015 which were delivered by the O.P at K. Nuagan. As per term and condition there was 12 months warranty from the date of supply against manufacturing defects or bad workman ships except electronic items. But in the month of October 2016 one important part was not functioning for which he intimated the O.P over phone to replace the same, but the O.P was not responding in spite of repeated intimation. In the month of December the O.P informed the Complainant to deposit the expenditure amount of the Machine in the account of O.P for the purpose. As the attitude of the O.P amounts to deficiency in service and unfair trade practice the Complainant was facing mental and financial problem and unable to run the industry. Hence, this complaint is filed by him for a direction to the O.P to replace the part namely Pan Mixer without any payment along with compensation of Rs. 30,000/- for mental agony and financial loss and Rs. 10,000/- for cost of litigation .
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The O.P is set exparte as he failed to attend the Forum in spite of getting the registered notice. So, he is not interested to context the case .We have heard the complainant and his counsel. We have gone through the complaint petition, the copy of the documents filed by the Complainant in support of his case. It is seen from the commercial term and conditions that the O.P will provide 12 months warranty from the date of supply against any manufacturing defects or bad workman ships except brought out electronic items and the warranty does not cover any accidental damage . The machinery items were delivered by the O.P on 28-12-2015.The defect of the machine detected in the month of October 2016 before 2 months of the warranty period. This complaint was also lodged by the Complainant on 23-12-2016 within the warranty period. As per terms and conditions, the O.P is responsible for any manufacturing defects or bad workman ship but the O.P was not taking any effective step to remove the manufacturing defect of the alleged part or to replace the same, rather he demanded the expenditure amount from the Complainant before checking or repairing the said part which amount to gross negligence on the part of the O.P. It also amounts to deficiency in service on the part of the O.P and his trade practice is not fair. In the said circumstances the complaint filed by the Complainant is allowed exparte against the O.P.
The O.P is directed to replace the defective part namely Pan Mixer which was supplied by the O.P to the Complainant within 30 days from the date of receipt of this order. In case of failure the O.P shall pay the cost of the part amounting Rs 2,90,000/- along with compensation of Rs. 10,000/- to the Complainant.
This C.C is disposed of. Supply free copies of this order to both the parties
MEMBER MEMBER PRESIDENT
