Karnataka

Chitradurga

CC/62/2014

Smt. Mamatha B.B. W/o. C.E.Shankaramurthy - Complainant(s)

Versus

SAS Engineering - Opp.Party(s)

Shri.R.Lokeshwarappa Kotre

12 Mar 2015

ORDER

DATE OF FILING: 25/07/2014    

   DISPOSED ON: 12/03/2015

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA

 

CC. NO. 62/2014 DATED:12th March 2015

 

PRESENT :-     SRI.H.RAMASWAMY                MEMBER

                                B.Com., LL.B.,(Spl.)

 

                SMT.G.E.SOWBHAGYALAKSHMI     MEMBER

                                B.A., LL.B.,

 

COMPLAINANT	Smt.Mamatha B.B. W/o C.E. Shankaramurthy, Aged About 35 years, Owner of M/s Srinandi Traders, Chikkajajur, Holalkere Taluk, Chitradurga District.     (Rep by Sri. R. Lokeshwarappa Kotre,  Advocate)
OPPOSITE PARTY	1. SAS Engineering Door No.4,7, Vijaya Complex, Maraimalai Nagar, Arimalam Road, Pudukoottai-622003 TAMILNADU.   2. SAS Industry Rptd by its Business Head Mr. Srinivasan, T.S. No. 5966/6A, Madurai Main Road, Malaiyeedu, PUDKKOTTAI-622003, TAMILNADU.   3. Mr. Guru Chandra Agam, Team leader, SAS Industry, T.S. No.5966/6A, Madurai Main Road, Malaiyeedu, PUDKKOTTAI-622003, TAMILNADU.   (None)

 

SMT.G.E. SOWBHAGYALAKSHMI, MEMBER.

ORDER

 

The above said complainant has been filed by the complainant U/s 12 of C.P. Act 1986 for the relief of to direct the Opposite parties (here in called Ops) for payment of sum of Rs. 12,30,313/- along with interest at 18% per annum from 07/03/2014 till the date of payment and to direct the Ops to pay the Court case and grant such other reliefs.

2. That the complainant saw the paper cup manufacturing machine installed at Sabanhally, Mandya District and Davanagere and also saw the paper advertisement and she got detailed information address of the Opponents. That the complainant contacted the opponents who is paper cup machine manufacture Industry and after discussion with business Head Mr. G. Srinivasan of Opponent Company, the complainant had ordered for Automatic Paper Cup Forming Machine and accessories for exclusive their livelihood and for the purpose of earning her livelihood by means of self employment.

3. It is stated that the complainant had obtained the license from the Grama Panchayath, Chikkajajur, Holalkere Taluk for production of Paper cup for their livelihood by means of self employment and the complainant for their livelihood by means of self employment obtained loan of Rs. 9,00,000/- form Canara Bank Chikkajajur Branch Chikkajajur, Holalkere Taluk, Chitradurga District, Karnataka State.

4. After sanction of loan the complainant booked the automatic paper cup forming machine and accessories from Opponents Company and made payment through Bank Transfer on 07/03/2014. After receiving of payment the opponents company through invoice No.3 dated:04/04/2014 dispatched the Automatic paper cup forming Machine and Accessories through Lorry No: KA01/A-2125, the description is as follows:

Cost of Machine	Rs. 3,00,000/-
Accessories	Rs. 4,70,588/-
Transport Charges	Rs.14,000/-
CST @ 2%	Rs.15,412/-
In Total	Rs. 8,00,000/-

The total cost of Automatic paper cup Forming machine and accessories. is Rs. 8,00,000/-. The Same was delivered on 09/04/2014.

        5. Complainant further stated that as per the instructions of opponent the complainant has ordered the blank paper for production of paper cups from BBC paper link, Bangalore on 12/04/2014 which are as follows:

 

Description	Bundles	Reams	KGs	Rupees	Total Rupee
WCPM 90 ML PLAIN BLANKS	06	06	192	91	17,472=00
WCPM 90ML SINGLE COLUR BLANKS	06	06	192	93	17,856=00
Wcpm 210ml S/C BLANKS WESCO 6.5 BOTTOM	03	03	99	93	9,207=00
	05	05	304	77	23,408=00
	20	250	787		67,943=00
	Forwarding				600=00
	Vat @ 5.5%				3,770=00
	Total				72,313=00

That the same was delivered to the complainant through VRL from Bangalore and the cost transportation is Rs. 2,660/- and the same was delivered on 15/04/2014.

        6. Complainant further stated that the Opponent No.3 and his assistant come to Chikkajajur village, Holalkere Taluk and installed/Fixed and automatic paper cup forming machine and accessories on 07/05/2014 and returned same day. After that the Opponents assumed the complainant that they will sent and skilled trainee from their company for training to use and run the machine. And the opponent in order to show how to use and run the automatic paper cup forming machine send one Vasu who is company employee and directed the complainant to Rs. 4,000/- for 14 days and also to pay his attendant charges and he will show the machine will work and the production of forming paper cup in 13 varieties, as such the complainant has agreed for the same. Further the Vasu who is company employee of opponents has stayed for 14 days and received Rs. 4,000/- towards his charges and also obtained attendant charges T.A. DA of Rs. 3,000/-.

        7. Complainant further stated that the Vasu fixed the Automatic paper cup forming machine and accessories and started for formation of paper cup but the same was not prepared properly, due to machine defect, as such the vas tried his best efforts for forming paper cup in machine, but the  same was not prepared properly and the paper was also wasted more than 150 kgs.

        8. After that the Vasu contacted the Opponent and stated that the machine was not running properly and stated regarding defect in the machine and accessories and he went away from that onwards the complainant contracted the opponent every day. But the Opponent's dragon the same one or the other pretext and didn't send any person for repair and turn deaf ear.

        9. It is stated that the automatic paper cup forming machine and accessories is not useful and the complainant had suffered a lot by purchasing the same. That the complainant has paying the loan interest to the Bank and the same is put burden on the complainant. Due to this the complainant has suffering very hard days for their livelihood.

        10. It is stated that from the date of purchase the complainant had not made production of 1 single cup from automatic paper cup forming machine and accessories.

        11. Hence, the trouble of automatic paper cup forming machine and accessories is amounts to deficiency in service of the customer hence this complaint.

        12. That the complainant contacted the opponents through phone, but the opponent didn't replied properly. Hence the complainant has issued legal notice to the opponent on 09/06/2014 through R.P.A.D. and the same is served on him. Further the opponents issued reply notice on 30/06/2014 to the complainant by concocting false story in order to fasten his liability. For the said reply notice the complainant intended to send the rejoinder notice to them.

        13. That since the said automatic paper cup forming machine and accessories is not in good condition and giving trouble at the very beginning as stated above complainant does it wont the aforesaid machine as the same is a bad one and defective one due to the fault of the Ops the complainant has sustained loss which is as follows:

       

Cost of Machine and Accessories	Rs. 8,00,000/-
BBC Papers	Rs. 72,313/-
Lorry charges	Rs. 2,660/-
Vasu payment	Rs. 4,000/-
Other expenses for Vasu	Rs. 3,000/-
Other stationary expenses	Rs. 10,000/-

 

Further the complainant sustained loss of income more than 3 months for every month Rs. 40,000/- earning after deducting all expenses. Further the complainant sustained mental agony towards this business to an extent of Rs. 1,00,000/-.

        14. Hence, for the above complaint the opponents are deficiency in service in respect of the Automatic Paper Cup Forming Machine and Accessories.

        15. The cause of action for the complaint arose on various Viz., the date of purchase of the Automatic Paper Cup Forming Machine and Accessories through Canara Bank, Chikkajajur Branch, Holalkere taluk, Chitradurga District on 07/03/2014 and the date of dispatch on 04/04/2014 and date delivery on 09/04/2014, and the date of legal notice 09/06/2014, and the date of reply notice 30/06/2014 which are within the time and the jurisdiction of this Hon'ble District Forum. to direct the Opponent to pay the amount of Rs. 12,30,313 jointly and severally as they are deficiency in service  in respect of Automatic Paper Cup Forming Machine and Accessories and liable to pay the amount with interest at 18% per annum from 07/03/2014 till date of payment and prayed for allow the complaint with cost.

16. On the service of process, Op No.1 to 3 appeared through their counsel Sri. C.M Veeranna Advocate and filed their version. Ops stated that the complaint seeking damages for the alleged deficiency of service is factually unfounded the legally unsustainable.

17. All the averments in the complaint except those that are expressly admitted herein are denied as false and incorrect.

18. The complaint is liable to be dismissed in limine since cause of action for the complaint entirely arose at Pudukkottai, Tamil Nadu and the Ops raise carries on business and work for gain at Pudukkottai Moreover the complainant is not a consumer since she purchased the paper cup forming machine for commercial purpose and used for the said purpose under the name and style of M/s Srinandi Traders.

19. Ops further stated that the complainant's husband Sri. C.E. Shankaramurthy @ Shankar visited the industry of the Ist Op in person, inspected the machine, purchased the paper cup forming machine, paid the sale price and took delivery of the same on 04/04/2014 at Puddukkottar on behalf of M/s Srinandi Traders, C.E. Chickajajur, Holalkere, Chitradurga. The machine was purchased by Srinandi Traders for commercial purpose taking in to consideration the larger production capacity of the machine i.e., 2,500 to 2,700 cups per hour. The machine was installed and production was commenced on 04/05/2014 to the satisfaction of the buyer. The complainant's husband Sri. C.E. Shankar has acknowledged in writing his satisfaction and happiness about the performance of the machine.

20. It is stated that the complainant with dishonest intention has stated that she purchased the machine for earning her livelihood by means of self employment. It is denied that the machine is defective and faulty one. The Ist op is a reputed manufactures of the machines for more than a decade and is known for manufacturing best machinery of this kind and made a mark in the market for excellent quality and after service throughout India. The machine is not faulty one but the fault is with person who operate the machine as found out by the service engineers of the Ist Op at the time of regular service. Operators of the machine are untrained and unskilled persons who had no basic knowledge about the working method of the machine.

21. It is further stated  that It is denied as fraudulent that he Op sent ore Vasu to impart training to operate the machine and directed the complainant to pay his charges and the latter agreed for the same. The Op never sent any person from its factory to train the complainant or her workers. Service engineer of the Op Guru Chandra Agam inspected the premise of M/s Srinandi traders on 15/04/2014 and gave instructions for pre-installation arrangement. on 04/05/2014 service Engineer Parthiban installed the machine and operated to the satisfaction of the complainant. The Service Engineers Vasu and Daniel visited on 18/05/2014 and 02/06/2014 respectively for free service of the machine New drive worth of Rs. 40,000/- had to be replaced on 02/06/2014 free of cost because of the wrong handling of untrained personnel of the complainant.

22. It is fraudulent to state that the Ops assured the complainant that they will send skilled trainees to train and run the machine. It is utter falsehood to state that the Ops sent one Vasu to give training and directed the complainant to pay him charges. Vasu never stayed and imparted training at Chikkajajur and received any charges from the complainant. It is absolute lie to state that Vasu tried his level best to rectify the defect in the machine but could not succeed and he informed the Op about the defect in the machine. It is atrocious lie to state that the complainant contacted the Op every day but they turned deaf ear and she had not produce even a single cup from the date of purchase of the machine.

23. At no stretch of imagination the Ops could be made liable for the alleged cost of the papers purchased for production cups. The Op issued a reply setting out the true facts to the fraudulent notice issued by the complainant and the latter did not issued any rejoinder till date. The complainant's alleged claim of monetary loss, mental agony and sufferings are nothing but sheer imagination and illusion made with dishonest intention of getting unjust enrichment from the Ops. The claim of chueg amount of compensation is without any basis and the Ops are not liable to pay any compensation of damages since they neither supplied defective machine nor committed any deficiency of service.

24. Ops further stated that there is no deficiency of service on the part of the Ops this Op.2 neither supplied defective machine nor failed to render service after sale. The alleged deficiency of service on the part of the Op, loss and hardships to the complainant and mental agony to her are nothing but imaginary fictitious and illusory. The complainant has not suffered any loss or hardship. On the contrary she caused hardships, severe mental agony and trauma of the Ops  by issuing notice leveling false allegation of negligence and by filing this vexatious complaint and thereby subjected them to disgrace, damage to their business repudiation and integrity. The Op is always ready and willing to impart the required training to the machine operators of the complainant and prayed for dismissal of complaint with exemplary cost.      

25. Complainant himself examined as Pw-1 by filing affidavit evidence in which reiterate the contents of the complaint and  filed list with documents the same was got marked as Ex-A-1 to A-21. On behalf of Ops have not filed any affidavit evidence on their sides. OPs advocate so many apporcutnity to file affidavit evidence of Ops since 27/10/2014 till 15/12/2014. On 15/12/2014 Ops have not filed any affidavit evidence. Hence affidavit evidence of Ops taken as  not filed and case is  posted for arguments. later the Ops advocate filed retirement memo along with copy of the notice  and acknowledgements. On 24/02/2015 and case is posted for hear on 28/02/2015. On 28/02/2015 case is called out. Op counsel present and submitted to considered the retirement memo. On verifying the notice issued by the Ops Counsel and postal acknowledgement, now it was duly served and in-spite of that Ops have not appeared and not filed any  affidavit evidence on their side. So counsel for Op 1,to 3  permitted to retire in the above case.

        26. complainant Advocate filed written arguments and also  heard the oral Arguments.

        Now the points that arise for our consideration for decision of above complaint is that:

        Point No.1:- Whether the complainant proves that  she had saw the paper advertisement and she got detailed information address of Ops and she contacted after discussion with business head of One Mr. G. Srinivasan of Ops Company, she had ordered for automatic paper cup forming machine and accessories for exclusive their livelihood and for the purpose of earning her livelihood by meaning of self employment?.

        Point No.2:- Whether the complainant proves that

She had obtained  licene from Gram Panchayithi, Chikkajajur village Holalere taluk for production of paper cup for our livelihood means of self employment and the name style as "M/s Srinidhi traders". And she had obtain loan of Rs. 9 lakhs from Canara Bank Chikkajajur Branch, Chikkajajur, Holalkere Taluk and she had booked atomic paper cup forming machine  and accessories form Ops company and made payment through bank. After received the payment  of Rs. 8 lakhs the Op Company delivered the automatic paper cup forming machine and accessories on 09/04/2014 through lorry No:KA-01-A-2125 to complainant native place Chikkajajur, Chitradurga District.

Point No.3:- Whether the complainant proves that she is the consumer of the Ops and this Forum has got jurisdiction to entertain this complaint?.

        Point No.4:- Whether the complainant proves that the Op company delivered manufacturing defective automatic paper cup forming machine and accessories to the complainant and the same was not properly worked and she contacted the Ops every day and stated regarding defect in the machine. Op has not response and did not sent any person for repair the said machine and turn deaf ear thereby Ops have committed deficiency in service  and unfair trade practice?

         Point No.5:- Whether the complainant proves that the automatic paper cup forming machine and accessories is not use full and she had suffered lot by purchasing the same and she have paying the loan interest to the bank and from the date of purchase  she had not made production of single cup form the said automatic paper cup forming machine and accessories, due to and she suffered mentally and financially and entitle for the relief has prayed in the complaint?

Point No.6:-   What order?

        27.  Our findings on the above points are as follows:

        Point No.1:- Affirmative.

        Point No.2:- Affirmative.

Point No.3:- Affirmative.

Point No.4:-Partly Affirmative.

        Point No.5:- Partly affirmative.

Point No.6:- As per final order.

   REASONS ON POINTS

        28.   It is not in dispute that the complainant booked the automatic paper cup forming machine and accessories from Ops Company and made payment to Ops Company It is not in dispute that the complainant had obtained the license from the Grama Panchayath, Chikkajajur, Holalkere Taluk, for production of paper cup for their livelihood by means of self employment.  It is not in dispute that the complainant had obtained loan of Rs. 9,00,000/- from Canara Bank, Chikkajajur Branch, Chikkajajur by means of self employment. It is not in dispute that the complainant purchased the automatic paper cup forming machine and accessories for sum of Rs. 8,00,000/- from Ops Company through invoice No.3 dated 04/04/2014 and the same was delivered on 09/04/2014 through lorry No. KA-01-A-2125. It is not in dispute that as per the instructions of Ops the complainant has ordered the blank paper for production of paper cups from BBC Paper link, Bangalore on 12/04/2014 for sum of Rs. 72,313/-  the same was delivered to the complainant through VRL from Bangalore on 15/04/2014 and the cost of transportation is Rs. 2,660/-. It is not in dispute that the Op No.3 and his assistant come to Chikkajajur Village, Holalkere Taluk and Installed the automatic paper cup forming machine and accessories. On 07/05/2014 and returned some day. After that the Ops assured the complainant that they will send the skilled trine from their company for training to use and run the machine. It is only in dispute that the Ops Company employee started for formation of paper cup but the same was not prepared properly due to machine defect. It is only in dispute that the employee of Ops Company by name Vasu  tried his best efforts for forming paper cup in machine, but the same was not prepared properly and the paper was also wasted more than 150 Kgs. It is only in dispute that the automatic paper cup forming machine and accessories is not in good condition and defective one. It is only in dispute that from the date of purchase the complainant had not made production from Automatic paper cup forming machine and the said machine and accessories is not useful and the complainant had suffered a lot by purchasing the same. It is only in dispute that the complainant contacted the Ops through phone, but the Ops did not send any person for repair and did not replied properly, thereby Ops committed deficiency in service. It is only is dispute that the complainant is the consumer and this Forum got Jurisdiction to entertain this complaint.

        29. To prove her case complainant herself examined as Pw-1 by filing affidavit evidence in which reiterated the contents of complaint and filed 21 documents, the same was got marked Ex A-1 to A-21, Ex A-1 license issued by the Grama Panchayath, Ex A-2 original invoice No.3 dated 04/04/2014, Ex A-3 original delivery note, Ex A-4 duplicate delivery note, Ex A-5 Tax invoice BBC Paper Link, Bangalore, Ex A-6 delivery cash receipt VRL logistics Limited, Ex A-7 Canara Bank Challen dated 10/06/2014 for sum of Rs. 14,000/-, Ex A-8 Copy of the legal Notice dated 09/06/2014, Ex A-9 RPAD postal receipt and acknowledgement, Ex A-10 reply notice dated 30/06/2014, Ex A-11 Power supply licence issued by Bescom, Ex A-12 Sketch copy, Ex A-13 Power supply reasonable paper report bill form issued by the Bescom,  Ex A-14 field report , Ex A-15  2 Photos, Ex A-16 photos C.D.  Ex A-17 statement of A/C with respect to the complaint's loan Ex A-18 electricity bill, Ex A-19 request letter written by the complainant to section Officer Chikkajajur with respect to the payment of electricity bill minimum charge Ex A-20 statement of accounts issued by the Manager Canara Bank, Chikkajajur for the period from 01/01/2014 to 20/02/2015 with respect to the loan taken by the complainant from the Canara Bank, Chikkajajur Branch, Chikkajajur, Ex A-21 Advertisement.

        30. On perusal of the complaint version and affidavit  evidence of complainant and documents. It is clearly show that the complainant purchase the automatic paper cup forming machine and accessories from Ops Company by paying total sum of Rs. 8,00,000/- through Bank transfer and Ops Company delivered the said machine and accessories to complainant on 09/04/2015 and the employees of Ops Company came to the complainant Village fixed the said machine, Ex A-1 clearly shows that the complainant obtain the licenses from Grama Panchayath, Chikkajajur from her livelihood and self employment.  Ex A-2 and A-3 original invoice shows that the complainant purchased the Automatic Paper Cup forming machine and  accessories and Op.1 issued the invoice dated 04/04/2014 for purchase of Automatic paper cup forming machine and accessories in the name of Sri Nandi Traders, i.c. complainants unit. It shows the made/terms of payment is Bank transfer. It shows that the above said machine and accessories cost is total amount Rs. 8,00,000/- and the same was dispatched through lorry Bearing No KA-01-A-2125 it's driver Velusami. It is not in dispute.  Ex A-4 delivery Note shows that the driver Velusami deliver the machine to the complainant at Chikkajajuru Village, Holalkere Taluk, Chitradurga District. Ex A-5 original tax invoice issued by the BBC paper link, Bangalore dated 12/04/2014 for  sum of Rs. 72,313/- in favour of complainant's Sri Nandi Traders, Chikkajajuru. It shows the complainant purchase the paper BBC paper link at Bangalore for sum of Rs. 72313/- for the purpose of forming of paper cups, Ex A-6 delivery cash receipt of VRL Logistics limited for sum of Rs.2,660/- . It is also not in dispute. Ex A-7 loan payment Challan dated 10/06/2014 Ex A-8 copy of the Legal notice dated 09/06/2014. It shows the complainant call upon the Op No.1 to set right and repair the automatic paper cup forming machine, it was not working properly and due to the non working of the above said machine complainant has suffered lot and complainant inform the Op No.1. If the Ops fail to do so complainant has filed the case against them, Ex A-9 RPAD postal receipt and acknowledgement shows the legal notice issued by the complainant through her counsel to Op No.1 and the same was served Ex A-10, reply notice, Ex A-11 to A-14 Electrical Power Supply license, sketch, bill form and field report issued by the Assistant Engineer Bescom, Chikkajajur, Ex A-15  and A-16 two photos and its C.D. Ex A-17 and Ex A-20 Statement of A/c for the period 01/01/2014  21/11/2014 and 01/03/2014-20/02/2015 with respect to the loan account of complainant and the same was issued by the Manager Canara Bank Chikkajajur, Ex A-18 electric bill and its receipt in the name of complainant Ex A-19 letter written by the complainant to section Officer Chikkajajur. It shows the complainant paid the electric minimum charges and the section Officer visit the Unit of complainant endorsed and certified that the CKP-890 of complainant is not used and also issued bill details of CKP-890. It shows June-2014 to December 2014 complainant paid the Minimum charges Ex A-21 advertisement it shows the paper cups manufacturing unit profit per month (25days)  Rs. 40,074/-

31. On perusal of the  version filed by the Ops and Zerox copy of 4 documents and one original letter written by the husband of the complainant dated 04/05/2014 it shows the technicians of Ops installed the machine successfully on 04/05/2014 at Chikkajajur, Holalkere Taluk. On perusal of the version filed by the Op No.2 page No.2 para 7 "Service engineer of the Op Guru Chandra Agam inspected the premises of M/s Srinandi Traders on 15/04/2014 and gave instructions for pre-installation arrangement. On 04/05/2014 service Engineer parthiban installed the machine and operated to the satisfaction of the complainant. The service Engineers VAsu and Daniel Visited on 18/05/2014 and 02/06/2014 respectively for free service of the machine New drive worth of Rs 40,000/- had to be replaced on 02/06/2014 free of cost because of the wrong handling of untrained personnel of the complainant" and denied the other allegation made in the complaint and Ops denied that the machine is defective and faulty one and the machine is not faulty one, but the fault is with the persons who operate the machine as found out by the service engineers of Ops at the time of regular service. Ops have taken the contention that Ops are not liable to pay any compensation or damages. Since they neither supplied defective machine nor committed any deficiency of service.  Op No.2 himself admits in his version para 7 above said machine installed on 04/05/2014 and also admits the service Engineers Vasu and Daniel visited on 18/05/2014 and 02/06/2014 respectively for free service of the machine and also admits new drive worth of Rs. 40,000/- had to be replaced on 02/06/2014 free of cost. It  show supplied the Automatic machine to the complainant is defective  one Ops admits one Vasu visited the complainants unit on 18/05/2014 and had to be replaced the new drive worth of Rs. 40,000/- on 02/06/2014. It show at the time visiting of Vasu the machine was not working properly that’s why  on 02/06/2014 employees of the  Ops to be  replaced the New drive worth of Rs. 40,000/- on 02/06/2014 replay notice issued by the Op No.1 on 30/06/2014. In that notice Op No.1 has not stated the replaced the New drive worth of Rs. 40,000/- to is clearly shows that the Ops have committed deficiency in their service. Till today they have not come forward to rectify the defect in the above said machine. If the said machining not faulty one why they are rectify the problem of the complainant.

32. On perusal of the Ex A-17 and A-20 shows the Canrana Bank, Chikkajajur Saction loan amount of Rs. 9 lakhs on 07/03/2014 under employment generation program, so, it is  shows the said Bank sanction the loan of Rs. 9 lakhs to the complainant under employment generation program. So, it is  clearly shows that the complainant. Purchased the  Automatic paper cup forming machine and accessories from Op No.1 for her self employment and their livelihood. So it is clearly shows that the complainant is the consumer of Ops, It is the duty of Ops to give good service to their customer. It is the duty of the Ops to rectify the defects in the above said machine and accessories Op No.1 received the amount of Rs. 8 lakhs form the complainant through bank transfer under the name of Sri Nandhi Traders  it  is not a small amount. Ex A-2 and A-3 shows that  Op No.1 received the amount through Bank Transfer  for sum of Rs. 8,00,000/-. Ex A-4 deliver notice shows the above said machine delivered in the vehicle Reg., No.KA-01-A-2125 from Pudukkottai to Chikkajajur, Chitradurga District. It is not in dispute. Employees of the Ops install the above said machine at Chikkajajur Village, Holalkere Taluk, Chitradurga District, the entire money  transition  between the Op No.1 and complainant with in the jurisdiction. Hence this Forum has got jurisdiction to entertain this complaint.

33. On perusal of the MO-1 paper cups produced by the complainant. It  shows the cups are not forming properly. So it show the defect and fault the automatic paper cup Forming machine and accessories. Complainant Advocate much argued that the Ops have sold the defective Automatic Paper Cup forming Machine and accessories to the complainant and received for sum of Rs. 8 lakhs and also complainant purchased the paper BBC Paper Link at Bangalore for paying sum of Rs. 72,313/- for the purpose of making paper cups and one Vasu who is the employee of the Ops Company installed the above said machine and started for formation of paper cup but the same was not prepared properly due to machine default and the paper was also wasted more than 150 Kgs and complainant paid the attendance charges and TA. DA. Rs. 4,000/- and Rs. 3,000/- respectively. Complainant Advocate further argued that from the date of purchase complainant had not made production of cups from the said machine and accessories due to defective in manufacturing. It is the duty of the Ops to set right the defect in the above said machine and accessories thereby Ops have committed deficiency of their service. Counsel for the complainant strongly argued that the complainant suffered lot by purchasing the said machine and paying lone interest to the Bank more than one lakhs and  loss of 3 month income more than 1,20,000/- per month i.e 40,000/- each month. As per Ex A-21 advertisement. Due to the act of the Ops complainant suffer mental and financially. And the Ops have not filed any affidavit evidence to support their contention taken by them in the version. Therefore Ops have liable to pay the compensation to the complainant and prayed for allow the complaint with costs.

 

        34. On perusal of the entire case papers documents  and evidence. It is clearly show that Ops have committed deficiency in their service and Op.2 himself admits that the service Engineers Vasu and Daniel visited the complainant unit on 18/05/2014 and 02/06/2014 respectively and on 02/06/2014 New drive worth of 40,000/- had to be replaced free of cost. It's clearly so that some part of the machine is defective and the same was not working properly. Ops have not filed any documents and affidavit evidence of service engineers to prove their case and automatic paper cup forming machine and accessories supplied by them is in good condition and it is not suffer any defect.  Ops have to failed to prove their contention taken by them in this case. So, the attitude of the Ops amounts to deficiency of service and un fair trade practice due to the act of the Ops complainant suffer lot. She paying the loan interest to the Bank as per Ex A-20.

 

In view of the above discussion and under the circumstances of the case Ops have committed deficiency in their service and unfair trade practice towards complainant.  The complainant is entitle for the reliefs as under.

 

Cost of the Automatic Paper cup forming machine and accessories	Rs. 8,00,000/-
Cost of the paper wasted 150Kgs	Rs.16,310/-
Attendant charges (TA, DA) paid by the complainant to the employees of the Ops	Rs.7,000/-
Electric bill minimum charges paid by the complainant to the BESCOM	Rs.3,341/-
Loan Interest amount	Rs. 1,46,359/-
Other expenses	Rs. 10,000/-
Total amount	Rs. 9,83,010/-

 

Ops have liable to pay sum of Rs. . 9,83,010/- with 6% interest from the date of this order till payment and also Ops have liable to pay sum of Rs. 10,000/- towards mental agony and Rs. 5,000/- toward cost of this proceedings to the complainant. Accordingly we answer the points No.1 to 3 is held affirmative  and point 4 and 5 is held as partly affirmative.

        Point No.6:- As discussed on the above point and for the reasons stated there in we pass the following order.

 

                                        ORDER

        It is ordered that the complaint filed by the complainant U/s 12 of C.P. Act-1986 is hereby partly allowed.

         It is order that the Opponent No. 1 to 3 are jointly severally directed to pay sum of Rs. 9,83,010/- to the complainant with 6% interest per annum from the date this ordered till the payment to the complainant.  with in two months from the date of this order.

        It is further order that the Opponent No. 1 to 3 have directed to take back the automatic paper cup forming machine and accessories from the complainant in their own cost.

        It is further order that Opponent No. 1 to 3 1 to 3 are directed to pay the sum of Rs. 10,000/-  towards the mental agony and Rs. 5,000/-  towards the cost of this proceedings to the complainant.  

        Accordingly complaint is partly allowed.

  (This order is made with the consent of Member after the correction of the draft on 12/03/2015 and it is pronounced in the open Court after our signatures.)

 

MEMBER                                                                 MEMBER                       

Annexures:

Complainant by filing  affidavit evidence taken as Pw-1 Witness examined on behalf of complainant:

                                                -Nil-

Ops.No.1 to 3 have not filed any affidavit evidence.

Witnesses examined on behalf of Opponents:

-Nil-

Documents marked on behalf of complainant:

01	Ex-A-1:-	License issued by the Grama Panchayath, Chikkajajur,
02	Ex-A-2:-	Original invoice No.3 dated 04/04/2014
03	Ex-A-3:-	Original delivery note
04	Ex-A-4:-	Duplicate delivery note
05	Ex-A-5:-	Tax invoice,BBC Paper Link, Bangalore
06	Ex-A-6:-	Delivery cash receipt VRL Logistics Limited
07	Ex-A-7:-	Canara Bank Callan, dated 10/06/2014
08	Ex A-8:-	Copy of the legal notice, dated 09/06/2014
09	Ex A-9:-	RPAD postal receipt and acknowledgement
10	Ex A-10	Reply notice dated 30/06/2014
11	Ex A-11	Power supply license issued by the Bescom, Chikkajajur.
12	Ex A-12	Sketch copy,
13	Ex A-13	Power supply reasonable paper report bill form.
14	Ex A-14	Field report, issued by the Bescom
15	Ex A-15	Two photos,
16	Ex A-16	One C.D.
17	Ex A-17	Statement of Account
18	Ex A-18	Electricity Bill, and receipt
19	Ex A-19	Request letter,
20	Ex A-20	Statement of Accounts issued by the Canara Bank  Manager,Chikkajajur with respect to the complainant loan for the period from 01/01/2014 to 20/02/2015.
21	Ex A-21	Advertisement

 

Documents marked on behalf of Opponents:

 

NIL

Material object marked on behalf of Complainant as MO1.

SL No.

MO1

Defective Paper Cups.

 

Material object marked on behalf of Opponents

Nil

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