PBEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 31st day of July 2012
Filed on : 10/01/2012
Present :
Shri. A Rajesh, President.
Shri. Paul Gomez, Member.
Smt. C.K. Lekhamma, Member
C.C. No. 14/2012
Between
M.A. Muhammed Basheer, : Complainant
Mullapparambil house, (party-in-person)
V.M.B. road, Pathadippalam,
Kochi-682 033.
And
T.K. Rajan, : Opposite party
Managing Partner, (party-in-person)
Dalta Engineering Company,
A-3, Industrial Estate,
HMT Colony P.O.,
Kalamassry-683 503.
O R D E R
A Rajesh, President.
The case of the complainant is as follows:
The complainant is an electrician. On 10-09-2011 the complainant accepted a 60 HP motor for winding from Salfa Chemicals. The motor was formerly repaired by the opposite party. The defect of the motor was due to the improper winding of the motor by the opposite party. Anyhow on 14-09-2011 the complainant entrusted the motor with the opposite party for winding. The opposite party has charged a sum of Rs. 31,405/- for its repairs. However he has not deducted the price of the copper used in the motor earlier. On 24-09-2011 the complainant erected the motor at the premises of the Salpha Chemeicals. But the machine was not working properly. Again on 28-09-2011 the complainant brought the motor to the workshop of the opposite party. However the opposite party failed to erect the machine at the premises of Salpha Chemicals for his own reasons. Thus the complainant is before us seeking the following reliefs against the opposite party
i. to pay transportation charges to the complainant.
ii. to return 18 kgs of salvaged copper from the motor before rewinding.
iii. to direct the opposite party to erect the machine at Salpha Chemicals free of cost
iv. to refund an amount of Rs. 31,405/- received by the opposite party towards winding charges.
v. to pay compensation and costs of the proceedings.
2. The version of the opposite party is as follows:
At the instance of the complainant the opposite party issued a letter to the complainant stating his remuneration to rectify the defects of the motor. The complainant duly accepted the same and delivered the motor at the workshop of the opposite party. On verification of the motor it was found that the complainant has removed the defective winding made of copper. The opposite party demanded the complainant either to give the copper or to pay its price to the opposite party. Since the complainant has removed the copper from the motorit was difficult to identify the winding data from the motor. At the request of the complainant the opposite party rewinded the motor by using 28 kgs of copper. However the complainant did not to return the copper removed from the motor. So the opposite party added the price of the copper in the bill and informed the complainant that the machine is ready for delivery. Accordingly the complainant paid the amount and took back the machine. Again the complainant approached the opposite party stating that the motor is not working. Since the real name plate of the motor was removed from the motor by Salpha Chemicals and the complainant has removed a part of winding the opposite party could not identify the winding data. The subsequent defect of the machine has not been caused due to workmanship of the opposite party. The opposite party convinced the same fact to Salpha Chemicals. However the opposite party managed to rectify all the defects and the same is ready for redelivery. It is the duty of the complainant to take back the machine and fix the same at Salpha Chemicals. The complainant has no cause of action against the opposite party.
3.The complainant was examined as PW1 and Exts. A1 to A9 were marked on the side of the complainant. No oral evidence was adduced by the opposite party. Exts. B1 to B4 were marked on the side of the opposite party. Heard the complainant and the opposite party who appeared in person.
4. During the proceedings in this Forum on 05-06-2012 at the interaction in this Forum the opposite party expressed his willingness to redeliver and erect the machine at Salpha chemicals at his own expenses and to pay Rs. 5,000/- to the complainant by way of compensation as a gesture of good-will, to which the complainant agreed. Accordingly the opposite party redelivered and refixed the motor under dispute at the premises of Salpha Chemicals without the help of the complainant on 20-06-2012 evidenced by Ext. B4. However subsequently the complainant backtracked from his words and was not ready to settle the dispute by accepting Rs. 5,000/-which he had earlier accepted for reasons of his own which he would not divulge.
5. It is pertinent to note that on merits nothing is on record to substantiate the contentions of the complainant. The silence of the complainant leaves this Forum at a loss except to direct the opposite party to pay Rs. 5,000/- to the complainant as agreed by him before this Forum. Ordered accordingly.
The above said order shall be complied with within a period of one month from the date of receipt of a copy of the order, failing which the above amount shall carry interest @ 12% p.a. till payment.
Pronounced in the open Forum on this the 31st day of July 2012
Sd/- A Rajesh, President.
Sd/- Paul Gomez, Member
Sd/- C.K. Lekhamma, Member.
Forwarded/By Order,
Senior Superintendent.
Appendix
Complainant’s exhibits :
Ext. A1 : copy of reply
A2 : Copy of letter dt. 14/09/2011
A3 : photo copy enquiry report
A4 : Photo copy
A5 : Photo copy
A6 : Photo copy
A7 : Photo copy
A8 : copy of letter dt. 22-07-2012
A9 : Copy of invoice dt. 24-09-2011
Opposite party’s Exhibits : :
Ext. B1 : Copy of field service report
B2 : Copy of letter dt. 14/09/2011
B3 : Copy of invoice for works
contract.
B4 : Copy of delivery challan
dt. 28/06/2012
Depositions:
PW1 : Muhammed Basheer M.A.
