IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM
Dated this the 20th Day of February 2019
Present: - Sri. E.M.Muhammed Ibrahim, B.A, LL.M. President
Smt.S.Sandhya Rani, BSc,LL.B, Member
CC No.104/18
Gopalakrshina Pillai : Complainant
S/o Raghavan Pillai
Gokulam
Chokkan Kuzhi, Perayam Cherry
Mulavana Village, Kollam.
[By Adv.B.Sivaprasad]
V/s
Sandeep : Opposite party
Manager
Essential Business Pvt.Ltd.
7th Floor, Land Mark World
NH 47, Bypass, Thondakkadu, Kozhikode
ORDER
SMT.S.SANDHYA RANI,BSc,LL.B, MEMBER
This is a case based on a Consumer complaint filed under Section 12 of the Consumer Protection Act seeking to return Rs.86000/- being the cost of Pencil Manufacturing Machine and Rs.25000/- as compensation from the opposite party.
The allegations in the complaint in short are as follows:-
The complainant is an ex-service man now employed as security guard of TKM College, Karuvelil. Influenced by its advertisement in newspapers and other visual medias the complainant on 05/02/18 purchased a pencil manufacturing machine along with its accessories for Rs.85,500/- from opposite party manager, Essential Business Pvt.Ltd. Thoudayoor, Calicut. In the training programme conducted by the opposite party at TVM, he assured the trainees that he would purchase the pencils manufactured by using the machine
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sold by him. After obtaining the said training the complainant tried to make pencils by using that machine on 08.02.2018, but the complainant couldn’t make pencils with that machine. When he informed the opposite party about the non-functioning of the machine, he sent a new machine on 23.03.2018 through courier service but that was also not in working condition due to the defective adapter used in the machine. The complainant sent the above two defective machines to opposite party through courier service on 27.02.2018 as directed by opposite party. There upon the opposite party sent yet another machine to the complainant on 03.03.2018, but that was also not in working condition because the side glass of that machine was broken. Again the complainant caused to contacted opposite party through whatsapp by sending videos to opposite party numbers 9645681168 and 7559882232 from his mobile No.8281760525, but there was no response from opposite party. In the circumstance the complainant send an Advocate Notice to opposite party on 09.03.2018 but he didn’t respond to that also. Hence the complaint.
Though notice issued from the opposite party was served to opposite party on 19.08.18 he remained exparte.
Complainant filed chief affidavit along with 6 documents which are marked as Ext.P1 to P6.
The complainant has purchased a pencil making machine along with its accessories from opposite party. Sri.Sandeep, Manager,Essential Business Pvt.Ltd. NH-47 Bye pass Land Mark World 7th Floor,Thondayodu,Calicut.14 by paying Rs.86,000/- out of which Rs.500/- was paid as advance and Rs.85,500/- has paid in cash as per Ext.P1 and Ext.P2 documents respectively. The memorandum of understanding issued by opposite party is marked as Ext.P3.
The unchallenged averments in the complaint would further establish that after attending the training programme conducted by opposite party at TVM on 08.02.2018 the complainant attempted to manufacture pencils by using the
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machine purchased from the opposite party, but he couldn’t operate the machine hence the complainant couldn’t make any pencil. When the complainant informed regarding the malfunctioning of the newly installed machine to the opposite party, he sent a new machine on 23.02.2018 through courier service but the same was also not in working condition due to the defect in the adapter used in that machine. The complainant returned both the defective machines to opposite party on 27.02.2018 through courier service as directed by opposite party. Even though the opposite party send a new machine to the complainant on 03.03.2018 he couldn’t function the same due to breakage of side glass of the machine. There upon the complainant contacted the opposite party in his two numbers 9645681168 and 7559882232 through whatsapp by sending videos from the complainant’s No.8281760525. In the absence of any reply from opposite party the complainant sent an Advocate Notice on 09.03.2018 which is marked as Ext.P4, its postal receipt as Ext.P5 and acknowledgement card is marked as Ext.P6.
Even after the receipt of Ext.P4 Advocate Notice and notice issued from this forum, the opposite party has neither cured nor replaced the defective machine within its warranty period. In the circumstances we are of the view that there is deficiency in service and unfair trade practice on the part of opposite party and hence the complainant is entitled to get the price of the machine refunded and also entitled to get compensation and costs. Considering the entire materials available on record we are inclined to direct the opposite party to return the price of the pencil manufacturing machine amounting to Rs.86,000/- and Rs.25,000/- as compensation and Rs.5000/- as costs of the proceedings.
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In the result the complaint stands allowed directing the opposite to return Rs.86,000/- being the price of the machine and Rs.25000/- as compensation and Rs.5000/- as costs of the proceedings within 30 days from the date of receipt of a copy of this order failing which the complainant is entitled to recover Rs.1,11,000/- with interest at the rate of 9% per annum from the date of complaint till realisation along with costs Rs.5000/-.
Dictated to the Confidential Assistant Smt. Deepa.S transcribed and typed by her corrected by me and pronounced in the Open Forum on this the 20th day of February 2019.
E.M.Muhammed Ibrahim:Sd/-
S.Sandhya Rani:Sd/-
Forwarded/by Order
SENIOR SUPERINTENDENT
INDEX
Witnesses Examined for the Complainant:-Nil
Documents marked for the complainant
Ext.P1 : Cash receipt dated 14.01.2018
Ext.P2 : Cash receipt dated 05.02.2018
Ext.P3 : Memorandum of understanding
Ext.P4 : Advocate notice.
Ext.P5 : Postal receipt
Ext.P6 : Acknowledgement card
Witness examined for the opposite party:-Nil
Documents marked for the opposite party:-Nil
E.M.Muhammed Ibrahim:Sd/-
S.Sandhya Rani:Sd/-
Forwarded/by Order
SENIOR SUPERINTENDENT
