ORDER
Complaint under Sec.12 of the CPA 1986 as amended upto date
Ms. Nipur Chandna, Member
Complainant purchased a fully automatic double Dei Machine for manufacturing/weaving “Donas” from OP vie its receipt dated 31.3.2014 and Invoice dated 15.4.2014 for Rs.81,500/-. It is alleged by the complainant that OP had issued two receipts of Rs.5000/- and Rs.61875/- to him instead of Rs.81,500/-.
It is further alleged by the complainant that vide agreement dated 9.5.2014 it was agreed by the OP that it will supply raw material for weaving donas and also purchased the finished material from him. It is alleged by the complainant that soon after its purchase the aforesaid machine became inoperative, hence after a long follow up of three months, OP replaced the defective machine with one new single die machine.
It is further alleged by the complainant that the replaced machine was also found to be defective and it did not functioned. The complainant complaint about the defective machine with the OP the OP assured the complainant that he will refund the advance money deposited by him. But, till date neither the OP refunded the cost of machine nor replaced the same with new one. The complainant therefore, approached this Forum for the redressal of his grievance.
Notice of the complaint was sent to the OP through registered A.D. post on 7.5.2015. Despite registered notice dated 7.5.2015, none appeared on behalf of OP. The registered letter was not received back un-served, service was therefore presumed to have been effected on the OP . Since none had appeared on behalf of the OP , it was ordered to be proceeded with exparte.
In his exparte evidence, the complainant has filed its affidavit, wherein he has corroborated the contents of the complaint.
We have heard argument advanced at bar and have perused the record.
The complainant has placed on record the copy of payment receipt dated 31.3.2014 and 15.4.2014. The complainant has also placed on record the copy of agreement dated 9.5.2014.
From the un-rebutted testimony of the complainant as well as the documents placed on record. We are convinced that story put forth by the complainant is true. We hold that the machine supplied to the complainant was defective and it did not work properly for even a single day. The OP had promised to refund the cost but had back out of the same. We hold OP guilty of deficiency in service and direct it as under:-
- To refund to the complainant a sum of Rs.81,500/- (Rupees Eighty One Thousand Five Hundred only) alongwith interest @ 10% p.a. from the date of filing of complaint till payment.
- Pay to the complainant a sum of Rs.10,000/- (Rupees Ten Thousand Only) as compensation for mental pain and suffering which include cost of litigation
- To Take back machine after making aforesaid payment.
The OP shall pay this amount within a period of 30 days from the date of this order failing which they shall be liable to pay interest on the entire awarded amount @ 10% per annum. If the OP fails to comply with this order, the complainant may approach this Forum for execution of the order under Section 25/27 of the Consumer Protection Act.
Copy of the order be made available to the parties as per rule.
File be consigned to record room.
Announced in open sitting of the Forum on.....................
