The case of complainant in brief is that complainant purchased one machinery Cnc Router 1325 set with necessary access as per the quotation of the OP being No.REF No.ISH/Quotation/63/14-15 dated 07-07-14. Initially the complainant paid Rs.1,00,000/- in advance in favour of India Stamp House vide a Bank Draft of United Bank of India, Dibrugarh branch being Draft No.704446 dated 19.07.14. After delivery of the machine the complainant paid full payment of Rs.7,82,250/- vide Invoice No.ISH/LB/14-15/672 dated 09.09.14. But after delivery of one month the machine started malfunctioning. On being informed the OP deputed one Engineer on 14.10.15. The Engineer fitted the machine on 14^th  and 15^th  October, 2014 and on 16^th  and 17^th October, 2014 the Engineer gave demonstration but the machine again started malfunctioning from 25.10.14. The complainant requested the OP to depute an Engineer and trace the problem. But the OP did not pay heed on it. The complainant thereafter requested the OP to replace the machinery with a new one. But the OP stated that the problem is very minor and as such, no replacement is required. Whereas, the problem was never solved by the OP. Since the OP did not solve the problem the complainant served a legal notice to the  OP to repay the cost of the machinery or to replace the old one with  a new one along with the damage. In reply to the above notice the OP replied that he is not responsible for non- functioning of the machinery and the  malfunctioning is due to fault of the complainant. The complainant further stated that the machine was bought for his livelihood which is his only source of income hence, the complainant wrote another letter  on 28.01.15 to the advocate of the OP with request to settle the matter with the OP by replacing  a new machine or to refund the cost of the machine. But the OP did not give any reply.  The complainant further stated that the OP delivered him a second hand machine without duster machine and air cooler as per Serial No.3 of the quotation. Further, he found no name of the Company i.e. IJET was found in any part of the machine supplied by the OP. As such, the OP cheated the complainant from the beginning. As such, there is deficiency of service committed by the OP by not replacing the new machine in place of old one and thereby gave enormous mental, physical harassment and agony to the complainant for which the complainant prayed the Forum directing the OP to pay the cost of the machinery or to make replacement and to pay compensation for mental harassment including loss incurred by the complainant.

After registering the case notice was sent to OP which was refused to receive by the OP. The OP did not attend this Forum nor has filed any written statement contesting the claim of the complainant. So the case against OP proceeded exparte.

Complainant has examined himself by swearing an affidavit and exhibited as many as 14 (fourteen) documents  to prove his case. Upon going through the evidence of the complainant and hearing argument following decision is delivered.

                                                               DECISION AND REASONS THEREOF:

                    Complainant as PW-1 in his evidence stated that he bought one machinery Cnc Router 1325 set  and other accessories at Rs.8,72,500/- vide Bank Draft of United Bank of India, Dibrugarh Branch being No.704446 dated 19.07.14 and 704656 dated 19.09.14 but within delivery of one month the machine was malfunctioning.  When he informed the matter to the OP over phone OP deputed one Engineer who fitted the machine on 14^th  & 15^th October, 2014 and thereafter he also provided demonstration on 16 & 17^th October, 2014 but immediately after few days the machine again started malfunctioning on 25.10.14. The complainant requested OP to send an Engineer to find out the problems but OP did not send any Engineer for which the complainant suffered not only monetary loss but also lost his business reputation and goodwill. On repeated  request the OP did not come to attend the problem as such, the complainant requested the OP to replace the machinery with a new one but the OP informed him that the problem is minor for which no replacement is required but OP did not rectified the defect. As such, the complainant served legal notice to the OP. Whereas, the OP blaming the complainant stated that the malfunctioning of the machine was due to the fault of the complainant. The said machine was the livelihood of the complainant and  he had no other source of income. The complainant believed that the OP delivered a second hand machine without duster machine and air cooler. The complainant found that there is no name of the Company IJET as such, he feel that the OP have cheated the complainant and thereby committed deficiency of service by supplying a defective machine and also by not repairing the same in spite of repeated request. Hence he claimed Rs.8,72,500/- as a cost of machinery, Rs.50,000/- for mental harassment and agony, Rs.50,0000/- as loss of goodwill and other ancillaries.

                   After perusing the above evidence of record it is found that the complainant purchased the machinery Cnc Router 1325 set with accessories at Rs.8,72,500/- by  taking loan from United Bank of India, Dibrugarh Branch vide Ext.A,B,C. But after purchasing the said machinery it started malfunctioning but in spite of repeated request the OP did not give any heed to the request of the complainant. The OP attended only one time of the request of the complainant but subsequently, he did not give any importance on the request of the complainant. As such, the complainant issued notice to the complainant vide Ext-D. The OP vide Ext-E replied to the advocate of the complainant stating that the malfunctioning of the machine was due to the fault of the complainant. From perusal of the entire evidence on record given by the complainant it is found that the OP did not attend the request of the complainant to rectify the malfunctioning of the machinery. Instead of that they have neglected the request of the complainant. Further, it appears that  the OP supplied defective machine to the complainant.

                     From the above fact and circumstance of the case the complainant has disclosed the prima facie material of committing deficiency in service and illegal trade practice by the OP. The complainant vide Annexure-L  obtained term loan of Rs.8,85,000/- from UBI, Dibrugarh Branchy. But for the defective  machinery the complainant failed to repay the instalment causing mental harassment due to failure of the machinery. There is ample material in the evidence of PW-1 to show that the OP failed to attend the request of the OP and also by delivering a defective machine without duster and air cooler. The OP in their notice i.e. Ext-E stated that the machinery was malfunctioning due to fault of the complainant but that has not been challenged by the OP either by filing written statement or by leading any evidence. As such, the Forum comes to an unassailable conclusion that some order can rightly be passed basing on the above unchallenged evidence of PW-1 directing OP to pay sum amount as compensation for mental harassment and agony as well as either to replace the old machinery by a new one or to repay the cost of the machinery.

                      In view of the above the Forum came to the conclusion that the exparte evidence led by the Complainant has been able to disclose prima facie material of  deficiency in service and illegal trade practice committed by OP by not rectifying the defect of the machinery even after repeated request by the OP and thereby giving unnecessary mental harassment and agony to the complainant. The C.P. Act provides provision for correcting the shortcoming in the service or goods provided by way of awarding compensation or other means specified in provision 14 (d) of the C.P. Act. The Forum comes to the conclusion that there is deficiency in service and loss suffered by the complainant for the reason discussed above. As such, OP is directed to pay the cost of the machinery or to replace the machine by a new one and to pay further interest @ 9% per annum from the date of claiming till realisation for the loss of asset. Further, OP is directed to pay compensation of Rs.20,000/- on account of  mental agony, physical harassment and financial loss. OP is also directed to pay Rs.2000/- as cost of filing the instant case. All the above amount shall be paid to the complainant through this Forum within two months from the date of this judgment. Furnish copy of this judgment to OP for compliance.