DATE OF FILING: 15.11.2017
DATE OF DISPOSAL: 02.06.2018
Sri Purna Chandra Tripathy, Member:
The complainant Smt. Pranita Bhukta has filed this consumer complaint Under Section 12 of the Consumer Protection Act, 1986, alleging deficiency in service against the Opposite Party ( in short the O.P.) and for redressal of her grievance before this Forum.
2. Briefly stated, the case of the complainant is that being a lady for her self-employment and to make her self-sufficient, she established a transformer manufacturing unit in the name and style M/s Bhukta Transformers and Engineering Works, situated at Main Road, Mandiapalli, Berhampur, Ganjam by taking financial assistance from the financial institutions nearby and could able to eke her livelihood. The O.Ps being partners of M/s Accurate Machines, Dhebar Road(s), Rajkote, Gujarat are having their manufacturing, sale and supply of Iron worker hydraulic machineries for cutting, punching and notching of metal plates relating to manufacturing of transformers. Due to urgent requirement, the complainant placed an order on 29.06.2016 for supply of hydraulic machine “55 TON CIW-10 HYDRAULIC IRON WORKER WITH HYDRALIC HOLD DAWN” alongwith other accessories for cutting, punching and notching of metal plates relating to manufacturing of transformers. After placement of the order, the complainant paid the sale consideration amount of Rs.3,92,157/- only for machinery and Rs.1500/- towards spare and accessories through two Retail Invoices No. R/5 and R/7 respectively dated 21.05.2016 through NEFT, SBI Bhanjabihar Branch Rs.4,00,000/- including all taxes. However, with much delay the machinery was supplied alongwith some spares and accessories at the cost of the complainant. Immediate after its installation of the machinery, the machine was found malfunctional due to the variety of defects and its regular nature, caused serious problems to the complainant to meet the requirements, in result of which the purpose of the complainant was vitiated as she could not able to fulfill the necessary requirement. Moreover since 21.03.2016 the machinery supplied by the O.Ps was found non-functional. Inspite of the repeated approaches, contacts and correspondence made were futile for deputing a service engineer or expert to rectify the defect. For that the complainant sustain irreparable loss, which caused severe mental agony due to the nonfulfillment of the demands from the market as expected, in result of which she faced a lot of turmoil and hardships in these days. It is crystal clear that the machinery supplied by O.Ps was a defective one having manufacturing defect in it and the spares and accessories supplied were sub-standard, thereby the attitude and behaviors of the O.Ps towards complainant clearly establishes the deficiency of service so also unfair trade practice. At last on 21.03.2016 a service engineer of the O.Ps Company came and certified that the machine supplied by the O.Ps is having manufacturing defect and can only be rectified by sending the machine to the production center for its repair. But till date neither any arrangement have been made out by the O.Ps for shifting of the machines nor any steps taken to rectify the defects. Therefore, the complainant has been deprived of to get justice, as neither the defective machine was replaced nor repaired till date. Moreover, the O.Ps did not pay any heed towards the suitable measures or remedies of the complainant’s problems at all. Consequent upon, and without having any alternative the complainant issued a 15 days demand notice dated 18.01.2017 to replace the defective machine or to repair immediately, the notice was rightly acknowledged by both the O.Ps on 24.01.2017 and kept silent and till date neither any action nor a line of reply was received by the complainant till filing of this complaint. For that the complainant sustained irreparable loss and caused severe mental agony, due to the negligence, which clearly establishes the deficiency of service unfair trade practice of the O.Ps towards the complainant. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.Ps either to exchange the machinery or to make necessary arrangement for repairs or to refund the purchase price as per law and to pay all the legitimate claims with interest, to pay the lawful compensation for the mental agony and harassment and litigation cost in the best interest of justice.
3. Despite notice issued by this Forum, the O.P.No.1 &2 failed to appear on the date fixed as such both the O.Ps set exparte on dated 12.03.2018.
4. On the date of exparte hearing of the consumer complaint learned counsel for the complainant was present. Heard argument from the complainant at length and perused the complaint petition, written arguments alongwith documents placed on the case record. To substantiate his case the complainant has filed her evidence on affidavit, documents as per list alongwith written notes of argument. In the instant case though the O.Ps do not belong to the territorial jurisdiction of this learned District CDR Forum, Ganjam, Berhampur but the cause of action of this case has arisen in the territorial jurisdiction of this learned Forum because the complainant has sent the sole consideration of the machinery through NEFT. Further, it reveals from the record that after delivery of the machine both the O.Ps have not supplied warranty card and after machinery defect the O.Ps did not respond as such legal notice has been sent by the complainant through her advocate, which has been duly acknowledged by the O.Ps on 24.01.2017. But the O.Ps neither replied to the notice nor took any step for redressal of the grievance of the complainant, for which undoubtedly the complainant has sustained mental agony.
5. On foregoing discussion and taking the sole testimony of the complainant in to consideration, we hold that the O.Ps are negligent in rendering proper service to the complainant. Hence, in our considered view there is deficiency in service on the part of the O.Ps.
As a result, the complainant’s case is partly allowed on exparte against the O.Ps. Both the O.Ps are jointly and severally liable as such they are directed to repair the defective machine of the complainant with fresh warranty within two months from the date of receipt of this order. Further, the O.Ps are also directed to pay Rs.20,000/- towards compensation for mental agony alongwith Rs.2000/- towards cost of litigation to the complainant within two months from the date of receipt of this order failing which all the dues shall carry 14% per annum.
The order is pronounced on this day of 2nd June 2018 under the signature and seal of this Forum. The office is directed to supply copy of order to the parties free of cost and a copy of same be sent to the server of www.confonet.nic.in for posting in internet and thereafter the file be consigned to record room.
