West Bengal

Bankura

CC/12/2024

Asim Khan - Complainant(s)

Versus

Sri Bibhas Ranjan Jana - Opp.Party(s)

Sandip Chakraborty

22 Aug 2024

ORDER

 IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No.12/2024

        Date of Filing: 31/01/2024

Before:                                        

1. Samiran Dutta                                      Ld. President      

2. Siddhartha Sankar Bhui                     Ld. Member

For the Complainant:Ld. Advocate Sandip Chakrabarti                                    

O.P.1 &2: Ld. Advocate Avik Roy Chowdhury

O.P.3: Ld. Advocate Nilanjan Dasgupta

Complainant:

Asim Khan, S/O-Bablu Khan,R/O-Vill-Parbatia,Rapatganj,P.O&P.S-Sonamukhi,Dist-Bankura,Pin-722207,Mob-8918002560       

Opposite Party:

1.Sri Bibhas Ranjan Jana, Dealer, Jayshree Trading Company, Mouza-Bamunara, NH-2, Banskopa, Plot No.4835/3541, J.L. No.58, P.S.Kanksa, P.O.Durgapur, District-Paschim Bardhaman, PIN-713 213

2.Manager, Jayshree Trading Company, Mouza-Bamunara, NH-2, Banskopa, Plot No.4835/3541, J.L. No.58, P.S.Kanksa, P.O.Durgapur, District-Paschim Bardhaman, PIN-713 213                                                                                                                                

3. Manager ,Head Office,Mahindra & Mahindra Financial Service Ltd.,Mahindra Towers,4^th      Floor,Dr. G.M. Bhosale Marg,Worli,Mumbai-4000018

FINAL ORDER / JUDGEMENT  

Order No.05

Dated:22-08-2024

Both parties file hazira through Advocate.

The case is fixed for argument.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder: -                                                                                                                                                         

The Complainant’s case is that he  purchased Rice Harvester from the O.P. Company under push sale instigated by the O.P. Company and Finance Company for Rs.17,85,714/- on 26/04/2022 with warranty period of One year but after getting delivery and use various technical defects / problems cropped up which were initially solved but could not be fully removed even at the intervention of the mechanic. Ultimately the aforesaid Harvester went out of order beyond service and repair and thereby the complainant has suffered huge loss and injury and he has therefore  approached this Commission for appropriate relief.

                                                                                                                                                                                   Contd…….p/2

Page: 2

O.P. Dealer Company contested the case by filing a  written version denying all the material allegations made in the complaint contending inter alia that the complainant is not entitled to get any relief in this case as the Harvester was extensively used with tear and wear to the Harvester beyond repair and service. However no complain of manufacturing defect of the Harvester is raised in the written version.

O.P./Financer has filed a written version to contest the case.          

-: Decision with reasons: -

Having regard to the facts of the case, submission, contention and documents from both sides the Commission finds that  on perusal of the entire materials on record it transpires that the Harvester has been sold by the O.P. Company to the complainant with warranty period of One year and all the technical defects/ problems were reported to the O.P. Company within the warranty period but the Harvester was found defective to such an extent  that it went out of order beyond service and repair. Apart from manufacturing defect as complained of by the Complainant the O.P. Dealer Company has to shoulder solely the product liability u/s 86(e)  of the Consumer Protection Act, 2019. Long use and tear and wear of the Harvester as alleged by the O.P. Dealer Co. cannot absolve their legal liability to compensate the financial loss suffered by the complainant. 

Admittedly there are a series of similar cases disposed of by this Commission in favour of the buyer of the Harvester which is a clear evidence of the fact that the Rice Harvester supplied by the O.P. Company to the complainant has in fact inherent defects beyond service and repair. The Complainant has to pay EMI of the loan amount without having any income out of the use of the Harvester. Heavy financial burden have mounted upon the complainant who has expressed doubts regarding unfair dealings between the O.P. Company and Finance Co. compelling him to enter into such onerous transaction. On the other hand Finance Company has initiated a legal proceeding against the complainant for recovery of the unpaid loan amount.

Thus it is evident that both parties are at loggerheads over the matter without any practical solution and considering the entire facts and circumstances of the case and the gravity and urgency of the matter the Commission feels it expedient in the interest of justice in taking a holistic approach by passing a reasoned order which will bring to an end the continuing stalemate situation.

                                                                                                                                                                    Contd……p/3

Page: 3

Accordingly it is ordered….

That the case is disposed of on contest but without cost by directing the O.P. Company to provide satisfactory service and maintenance of the Harvester to make it in working condition as a test case within one month from this date. In the event of failure of such test case O.P. Company is directed to pay to the complainant at least 50% of face value of the Harvester in question excluding GST as pecuniary compensation for financial loss caused to the complainant after adjustment of outstanding dues if any together with 10% non-pecuniary compensation on the face value of the harvester in question excluding GST for mental harassment within one month thereafter in default law will take its own course. The complainant is directed to utilize the decretal amount for repayment of outstanding loan amount if any and till then on receipt of the decretal amount within the stipulated period the  Complainant will hand over the disputed Rice Harvester along with relevant papers to the O.P. Company. The Finance Co. will abstain from taking any extreme step against the Complainant for recovery of the outstanding loan amount till the enforcement of the order passed hereinabove.

Both parties be supplied copy of this Judgement free of cost.

 

 ____________________                                          _________________         

HON’BLE   PRESIDENT                                     HON’BLE MEMBER