By Smt. PREETHI SIVARAMAN.C, MEMBER
1. Complaint in short is as follows:-
Complainant is making pappadam for his livelihood. On 29/05/2018 complainant purchased a pappadam making machine and peripherals for making pappadam worth Rs. 4,42,500/- including GST from opposite parties. When purchasing the machine, opposite parties assured that the above machine had capacity of 45000 pappadam by using 18 Kg black gram. As per their assurance complainant bought the machine from opposite parties. For that purpose complainant taken a loan of Rs. 4,42,500/- from Syndicate bank, Tirur branch and he had given that amount to opposite parties and opposite parties provided receipt for the payment. When purchasing the above machine opposite parties promised that they will send the guarantee card through post to complainant. But opposite parties did not provide the guarantee card of the above machine to complainant.
2. For the working of the machine, complainant got the electricity connection on August 2018 and opposite parties assured that they will install and connect the entire pappadam making machine and they will start the machine within one month after complainant got the electricity connection. When he got the electricity connection, complainant informed the opposite parties, but opposite parties did not connect and start the machine. Complainant contacted them so many times through phone. Thereafter on January 2019 opposite parties came to complainant’s shop and installed the pappadam making machine and started the unit. Nearly 6 months the machine was working smoothly. But after that the belt, chain, Dabba, socket etc are got damaged and the working of the machine became very difficult. Then complainant contacted the opposite parties , but they did not take any measure to solve the problem of complainant.
3. Due to the deficiency of service and non co-operation from the side of opposite parties, complainant purchased new belt worth Rs. 4000/- and opposite parties came and changed the old belt with new one and they received Rs. 2000/-as service charge. But now the machine is not working properly and opposite parties are reluctant to service the machine properly and on time. Moreover opposite parties are not ready to repair the parts of the machine. It is clear deficiency of service from the side of opposite parties. The machine is not working properly now. Hence complainant is unable to make pappadam which is the sole livelihood for complainant and his family. Opposite parties assured that the above machine had the capacity to make 45000 pappadam having 3.5 inches width by using 18kg black gram. But complainant only got 10,000 pappadam having3.25inches width from 18 kg black gram. It is due to the non service at proper time and improper fittings of the machine by opposite parties. It is a clear deficiency of service from the side of opposite parties and complainant lost Rs. 5,00,000/-, due to the act of opposite parties. Hence this complaint.
4. Prayer of the complainant is that , he is entitled to get Rs. 5,00,000/- from opposite parties due to the improper working of pappadam making machine and thereby caused huge financial loss to complainant, he is also entitled to get Rs. 4,42,500/- as the cost of the pappadam making machine and Rs. 5,00,000/- for the deficiency of service from the side of opposite parties and thereby caused mental agony hardships to the complainant.
5. On admission of the complaint notice was issued to the opposite parties and notice served on them but they refused to receive the notice and postman returned the notice with a note “refused hence returned to sender” . Hence opposite parties set exparte.
6. In order to substantiate the case of the complainant, he filed an affidavit in
lieu of Chief examination and the documents he produced were marked as Ext. A1 to A4. Ext.A1 is the copy of the quotation dated 26/01/2018 given by opposite parties to complainant, Ext. A2 is the copy of the cash received receipt given by opposite parties to complainant on 22/03/2018 after receiving the amount Rs. 4,42,500/-, Ext. A3 is the copy of the invoice given by opposite parties to complainant on 29/05/2018, Ext. A4 is the copy of the statement of account for loan disbursement given by Syndicate Bank to complainant.
7. The allegations against opposite parties are proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced four documents which are very supportive to prove his case. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite parties as alleged in the complaint. Hence we allow this complaint holding that opposite parties are deficient in service.
8. We allow this complaint as follows:-
- The opposite parties are directed to refund Rs.4,42,500/- (Rupees Four lakh forty two thousand and five hundred only) the cost of the Pappadam making machine to the complainant and complainant is directed to returned back the machine to opposite parties after payment of Rs.4,42,500/- by opposite parties and opposite parties are directed to take the machine from complainant’s premises .
- The opposite parties are also directed to pay compensation of Rs. 50,000/-(Rupees Fifty thousand only) to the complainant on account of deficiency
in service on the part of opposite parties and thereby caused mental
agony, physical hardships and sufferings to the complainant.
- The opposite parties are also directed to pay Rs.2000/-(Rupees Two thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite parties are liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this day 21stof October, 2022.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A4
Ext. A1 : Copy of the quotation dated 26/01/2018 given by opposite parties to
complainant.
Ext. A2 :Copy of the cash received receipt given by opposite parties to complainant
on 22/03/2018 after receiving the amount Rs. 4,42,500/-.
Ext. A3 :Copy of the invoice given by opposite parties to complainant on 29/5/2018.
Ext. A4 : Copy of the statement of account for loan disbursement given by
Syndicate Bank to complainant.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
