Orissa

Cuttak

CC/153/2015

Rabindra Kumar Sethi - Complainant(s)

Versus

Shakti Automobiles - Opp.Party(s)

P K Nayak

07 Jul 2017

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.153/2015

 

Sri Rabindra Kumar Sethi,

At:Kamar Pada,PO:Jashapada,

Via:Som Pur,Block-Cuttack Sadar,

Dist:Cuttack.                                                                   … Complainant.

 

                Vrs.

 

1.       M/s. Shakti automobiles,

     At:N.H-6,Near Pvt. Bus Stand Ainthapali,

     Dist:Sambalpur..

 

2.        M/s. GEORGE MAIJO INDUSTRIES (P) LTD.

At:Plot No.3198/1,Gouri Vihar,

Besides Kedargouri Temple,

Lewis Road,Bhubaneswar,Dist:Khurda.

 

3.            Branch Manager,Andhra Bank,

At/PO:Sompur Branch,Dist:Cuttack                             … Opp. Parties.

 

Present:              Sri Dhruba Charan Barik,President.

Sri Bichitra Nanda Tripathy, Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:    22.12.2015

Date of Order:  07.07.2017.

 

For the complainant        :       Sri P.K.Nayak, Advocate & Associates.                   

For the O.Ps 1 & 2.           :       Sri S.Mohanty,Adv. & Associates.

For O.P. No.3.                    :      Sri A.K.Mishra,Adv. & Associates.

 

Sri Bichitra Nanda Tripathy, Member.

                The case of the complainant is regarding   deficiency in service on the part of O.Ps 1 & 2.

1. The complainant purchased a harvesting machine i.e. Maijo Liulin Combine Harvester, Model 4LZ-2.O, En. No.01729601, CH. No.1307970 on 23.12.2013 from O.P No.1 who was the authorized dealer for M/s. George Maijo Industries (P) Ltd.  The cost of such machine paid was Rs.17,85,000/- of which a sum of Rs.6,00,000/- was received as State Govt. subsidy, Rs.3,35,000/- was paid by the complainant  from his own source and a Bank loan was obtained from O.P No.3 for Rs.8,50,000/-( The copy of bill vide Annexure-1).  The said machine was a defective one since it started showing defects for which complaint was lodged with O.P.1 on several occasions.  Such machine was also repaired for several times by the service men of O.P No.1 (Aannexure-2).  Even after repair, the machine was not functioning properly for which the complainant suffered from huge financial loss apart from payment of installments in the Bank towards repayment of the loan.  On 30.11.2015 the petitioner served a legal notice on the O.Ps and requested them to replace such machine failing which he would move to the court of law but it yielded no result.  Finding no other way, the petitioner has taken shelter of this Hon’ble Forum.  He has prayed to direct the O.Ps to replace the machine or to refund the cost of the machine with 12% interest and also to repay the Bank loan in full of the complainant which was made for the purpose with interest.  He has also prayed for cost of litigation.
2. O.P No.3 vide their written brief has intimated that the complainant has neither made any allegation against him nor claimed any amount as compensation from O.P No.3. 
3. O.Ps 1 & 2 have denied the charges vide their objection dt.02.12.2016 and 03.08.2016 respectively.  They have also questioned on the jurisdiction of this Hon’ble Forum and have stated that the case is not maintainable.
4. We have gone through the case in details perused the documents minutely as filed by the complainant and as well as by the O.Ps, herd the learned advocates from both the sides at length and observed that the complainant purchased the harvester machine on 23.12.2013 to run his livelihood.  He borrowed money from O.P No.3 i.e Branch Manager,Andhra Bank,Sompur,  Since the complainant  purchased the said machine to run his livelihood and O.P No.3 is coming under the jurisdiction of this Hon’ble Forum, the case is maintainable and is well within the jurisdiction of this Hon’ble Forum.  The cost of the machine was Rs.17,85,000/-.  The complainant paid Rs.3,35,000/- from his own source, Rs.6,00,000/- was Odisha State Govt. subsidy amount and Rs.8,50,000/- was borrowed from O.P No.3.  The machine was having warranty for a period of six months from the date of delivery of the machine to the customer.  The petitioner has not given any proof that the machine was not functioning properly prior to 30.11.2015. On 30.11.2015 the petitioner served a legal notice on O.P No.1 & 2 and on the Head Office of George Maijo Industries Pvt. Ltd. from which it was learnt that there were some problems with the machine and the O.P No.2 repaired such machine even after warranty as per service report basing on the service attended on 13.03.2016 & 14.03.2016 and as per customer’s service report dt.29.03.2016 and 01.04.2016.  The machine cannot be said to have manufacturing defects since it is neither examined by experts nor any expert report is available to this effect. 

                                                                                ORDER

 

Basing on the facts and circumstances as stated above, we have observed that the borrower has failed to prove deficiency in service on the part of the O.Ps.  Hence the case is dismissed.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 7^th day of July,2017 under the seal and signature of this Forum.

 

                                                                                                                                       (Sri B.N.Tripathy )

                                                                                                                                             Member.

                                                                                                                                        (   Sri D.C.Barik  )

                                                                                                                                                  President.

                                                                                                                                         

                                                                                                                                       (Smt. Sarmistha Nath) 

                                                                                                                                     Member(W).