Karnataka

Bijapur

CC/82/2014

Raju Urf rajashekar S/o Irayya - Complainant(s)

Versus

The Authorised signatory Genius Medical System - Opp.Party(s)

Sri S.V.kondaguli

23 Feb 2017

ORDER

                

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, VIJAYAPUR

DATE OF FILING 13^th  DAY OF AUGUST 2014

CONSUMER COMPLAINT NO:82/2014

 

DATED THIS THE 24^th DAY OF FEBRUARY, 2017

 

01) Sri S.H. Hosalli                            -             President.  

                  B.Com.LLB. (Spl),

 

02) Smt.G.S. Kalyani                         -        Lady Member.

                 B.Com.LLB. (Spl),

 

COMPLAINANT   -	1	Raju Urf Rajashekar S/o Irayya       Mathapti, Age:32 Yrs, Occ:Business       R/o Sparsh Hospital, Sainik School       2nd Gate, Athani Road, Bijapur.
		(By Sri. S.V.Kondaguli, Adv)

- V/S -

 

 

OPPOSITE PARTY  -	1	The Authorized Signatory      Genius Medical System      Head Office : 145/2/2, C-9      Ganesh Nagar, Industrial Estate,        Phursungi, Pune-412 308.                    (Exparte)
	2	The Authorized Signatory      Genius Medical System Jalageri      LT No.5 Tq: Dist:Bijapur.
		(Op-2 by Shri.K.H.Hakeem, Adv)

O R D E R

 

Speaking through Smt. G.S. Kalyani, Lady Member.

 

 

 

This is a Complaint filed by the complainant under Section 12 of the Consumer Protection Act, 1986 (herein after referred to as the Act) against the Opposite Parties (in short the “Ops”) directing the opponents to return entire amount paid by complainant for purchasing of X-ray machine i.e. Rs.1,10,000/- with 21% p.a. interest till completely realization, Rs.25,000/- towards mental agony and Rs.5,000/- towards litigation cost etc.,

 

 

 

2)       The brief facts of the case are that:-

         

          That complainant has purchased X-ray machine from Ops on 07/06/2011 and same is delivered by Ops after lapse of 5 months i.e. December 2011 bearing description of said X-ray machines is GM100 MA Mobil X Ray Machine standard Dark Room Accessories for Rs.1,10,000/-, after delivery and installation  of said machine, the said machine started working with good condition for two months after two months said machine started trouble and non operative for  three minutes  while taking X-ray for that complainant informed about the condition of said Machine to Ops.  Ops sent experts of said Machine and they repaired.  After repaired the said machine worked good condition for 3 months  again said Machine started trouble again complainant informed the engineer come and make the Machine started again third time said Machine started problem and complainant informed the same to Ops, Op-2 has told the complainant that he will change the Machine by giving new Machine.  But Ops not gave the new machine till today, the said Machine was not working since from last week of November 2013.  Complainant repeatedly requested the Ops but they postponing the same orally this act of Ops amounts to deficiency in service and it caused los and mental agony to the complainant and complainant’s business is completely hamper and complainant sustained loss to the tune of Rs.50,000/-.

 

3)       The Ops in collusion supplied and managed to get supplied defected machine to this complainant, complainant got issued legal notice calling upon the Ops to supply exchange the new machine within warranty period though notice was served upon them they either supply the machine or reply to the said notice, this act of Ops are unfair trade practice and it amounts to deficiency of service.  Hence, complainant constrained to file this complaint for necessary reliefs.

 

4)       After receipt of notice from this Hon’ble forum the Ops appeared through their counsel on 30/09/2014 and 01/10/2014, though sufficient opportunity has been given for filing objections, Ops not filed their objections and Op-1 Advocate filed memo dated 08/03/2016 for withdrawal of Vakalat on behalf of Op-1 and Op-2 not filed either objection or put their presence, since from filing Vakalat to till order.   Hence, Ops objection taken as not filed and posted the case for complainant affidavit.

 

5)       Complainant filed his affidavit and produced 6 documents with one C.D. and same are marked as Ex.C-1 to C-7 respectively.  perusing the documents and heard the arguments on behalf of complainant the following points that do arise for our consideration in deciding the case.

 

 

 

1. Whether the Ops have rendered the deficiency in service to the complainant?.
2. Whether the complainant is entitled for the reliefs as sought for?
3. What order?

 

 

6)      Answer to the above points.

 1) In affirmative.

 2) In affirmative.  

           3) As per Final order.

 

 

REASONS

 

7)      Point No.1:- Complainant purchased Genius Medical System X-ray machine 100 MA from Op-2 it is evidenced by document at Ex.C-1 to 4 and the said machine was found defect though three times said machine was repaired by expert engineer of Ops this fact is also evidence by Ex.C-5 i.e. legal notice.  Moreover, the Ops not put their version before this Hon’ble forum though Advocates are engaged they not shown response to the case.  It clearly goes to show that this is un-trade practice no so, it amounts to deficiency in service.  Hence, we are of the opinion that Ops rendered deficiency in service to the complainant.  Hence, we answer to the above point No:1 in affirmative.

 

 

8)      Point No.2:-  Once the deficiency in service in affirmative the next point is how much compensation the complainant is entitled for?.  Hence the complainant is entitled for Rs.1,10,000/- with 8% interest from the date of purchase till complete realization, instead of this complaint is also entitled for Rs.5,000/- towards mental agony and Rs.5,000/- towards ligation cost. Hence, we answer point No.2 in affirmative.

 

 

9)      Point No.3:-  In the result, the complaint of the complainant is fit to be allowed.  Hence, we proceed to pass the following order.

 

 

O R D E R

 

1. The complaint of the complainant is allowed in part.
2. The Ops are directed to pay Rs.1,10,000/-(Rs. One lakh Ten Thousand Only) with 8% p.a. interest from the date of purchase till complete realization.
3. The Ops are ordered to pay Rs.5,000/-
   (Rs. Five thousand Only) towards mental agony and Rs.5,000/- (Rs. Five Thousand Only) towards litigation cost.
4. The Ops shall comply with this order within two months from the date of this order, failure of which the above said amount i.e. Rs.1,10,000/- shall till complete realization.
5. Free copy of this order shall be sent to the parties.

 

 (This order is dictated to the Stenographer, directly on Computer, edited, corrected  and  then  pronounced in the open forum on this 24    day of February  2017).

 

 

 

 

Sri. S. H. Hosalli  President.

Smt. G. S. Kalyani     Lady Member.