By Sri. Chandran Alachery, Member:
The complaint is filed under section 12 of the Consumer Protection Act for an order directing the Opposite party to pay Rs.28,750/- to the Complainant towards service charges received by the Opposite Party, to pay Rs.12,075/- to the Complainant towards service charges paid to the new service team, to pay Rs.3,10,000/- towards amount paid by the Complainant for the purchase of spare parts from M/S Wotek Engineering Pvt Ltd company, to pay Rs.5,00,000/- towards loss sustained to the complainant and also to pay Rs.25,000/- towards the cost of the proceedings.
2. Complaint in brief:- The Complainant placed order as per quotation given by the Opposite Party for the maintenance of the laundry by paying Rs.1,89,915/- and the Opposite party forwarded the spare parts and equipments to the Complainant and the same were kept at the office of the Opposite Party. The Opposite Party also demanded the service charge in advance and the Complainant paid a sum of Rs.28,750/- also to the Opposite Party well in advance as requested by the Opposite Party but the Opposite Party has not sent their service persons to attend the work. So the spare parts and the equipments purchased by the Complainant from the Opposite Party were kept at the office of the complainant without any use. Even after repeated reminders, the Opposite Party not attended the same so far. Due to the failure in service, the entire laundry system in the institution of Complainant is failed. Due to this the Complainant sustained heavy loss. Later the Complainant availed service from other centre and paid Rs.12,075/- towards service charge. The spare parts purchased from the Opposite Party For Rs.1,89,915/- were damaged and the Complainant purchased from out side spending Rs.3,10,000/-. The act of Opposite Party is clear deficiency of service from their part. Aggrieved by this, the complaint is filed.
3. On receipt of complaint, notice was issued to the Opposite party and the Opposite Party appeared before the Forum and filed version. In the version, the Opposite Party stated that the laundry machine was installed by the Opposite Party in the premises of the complainant during the month of October in 2010. The Opposite party provided free warranty service for a period of 1 year from the date of commission. After the expiry of the free warranty service period, it was the option of the customer to avail service by entering in to a non comprehensive AMC (Annual Maintenance contract) for a period of 1 year and subsequent renewal with mutual consent. In this case, the AMC agreement with the Complainant was in force only up to 31st March 2016. Thereafter, the AMC was not renewed by the Complainant. The Complainant was defaulted in paying service charges and a sum of Rs.26,990/- is still pending to be paid to the Opposite Party. When the Complainant ordered for spare parts, no AMC was pending. This Opposite Party has not received any advance service charges as alleged in the Complainant. So the Opposite party has no liability to provide service to the complainant. There is no deficiency of service from the part of Opposite Party.
4. On perusal of complaint, version and documents, the Forum raised the following points for consideration.
1. Whether there is any deficiency of service from the part of Opposite Party?
2. Relief and costs.
5. Point No.1:- The Complainant filed proof affidavit and the Complainant is examined as PW1 and documents are marked as Exts.A1 to A13. The Opposite Party also filed proof affidavit and the Opposite Party is examined as OPW1 and Ext.B1 is marked. Ext.A1 is the retail invoice copy dated 30.06.2016 showing the purchase of spare parts and equipments from the Opposite Party, Ext.A2 is also the copy of invoice dated 24.05.2016, Ext.A3 is the copy of letter issued by the Opposite Party to the Complainant dated 17.05.2016, Ext.A4 is the copy of order of Job work, Ext.A5 is the account statement copy, Ext.A6 is the confirmation certificate, Ext.A7 is the copy of invoice, Ext.A8 is the copy of proforma invoice, Ext.A9 is the copy of confirmation letter, Ext.A10 is the copy of lawyer notice, Ext. All is the Power of Attorney, Ext.A12 is the copy of cheque, Ext.A13 is the copy of Job work. Ext.B1 is the copy of account with respect to the complainant's transaction with the Opposite Party. The case of Complainant is that the Complainant purchased spare parts and equipments from Opposite Party by paying Rs.1,89,915/- as purchase price. As per terms between parties, the Opposite party's technician should come and attend the work. The complaint stated that the Complainant paid Rs.28,750/- towards service charges well in advance. But opposite party's technicians not came and attended the work. So the purchased spare parts and equipments are totally damaged and the Complainant was compelled to purchase these things from outside by spending huge amount. The Opposite Party's case is that the AMC (Annual Maintenance Contract) between the Complainant and the Opposite Party expired as on 31st March 2016 and the Opposite party had no obligation to attend the work. More over, the Opposite Party had not received the service charge of Rs.28,750/- in advance from the Complainant. On perusal of documents and evidence produced by the Complainant and the Opposite Party, the Forum found that the Complainant used to purchase laundry machineries and used to avail services from the Opposite Party for the last several years. The Opposite Party had admitted this fact also. As per Ext.A1, A2 and A4 documents, it is seen that the Complainant purchased spare parts and equipments from the Opposite Party during 24.05.2016 and 30.06.2016 also. The Opposite Party produced one document which shows that the AMC expired on 31st March 2014 is renewed up to 31st March 2015 by an offer from Opposite Party's side itself. No request from the Complainant side is seen given for such a renewal. In the version and proof affidavit of Opposite Party the Opposite Party contended that the AMC is renewed again up to 31st March 2016. But Opposite Party not produced the renewal agreement which shows that the AMC is renewal up to 31st March 2016. Subsequent to 31st March 2016 also, the transaction between the Complainant and the Opposite Party exists. So naturally, the AMC would also have been renewed from the side of Opposite Party. The Opposite party is well aware that the Complainant require service from the side of Opposite Party's technicians since the complainant purchased spare parts and equipments from them. The case of Complainant is that the Complainant demanded the service from the Opposite Party and sent several e- mails and reminders to the Opposite Party to attend the maintenance work. The Complainant produced Ext.A10 notice with postal receipt showing that the Complainant demanded maintenance service from the side of Opposite party. Since the complainant produced postal receipt, Ext.A10 can be taken in to consideration in evidence. The Opposite Party also contended that the Complainant was a defaulter in payment of service charges to the Opposite Party and Rs.26,990/- is still pending. The Opposite Party contended that when the Opposite Party demanded the service charges due, the Complainant filed false complaint against the Opposite party. On analysing the evidence and records, the Forum found that the Opposite Party not send any notice or taken any step to recover the pending charges from the Complainant so far till the filing of Complaint. It is seen that the Opposite party continued transaction with the Complainant again when the due is pending. So such a contention of Opposite Party will not sustain. Ext.A13 document shows that the Complainant had paid the service charges of Rs.28,750/- in advance to the Opposite Party as per job work dated 01.06.2016. In Ext.A13 it is stated that in “payment 100% advance”. The Complainant proved that the Complainant purchased spare parts and equipments from the Opposite Party for a sum of Rs.1,89,915/- and the Opposite party admitted it also. The Complainant also proved that the Complainant paid service charges of Rs.28,750/- to the Opposite party also. Purchase of new spare parts and equipments are admitted by the Opposite party and the Opposite party also admitted that the Opposite Party had not done service in the purchased items, naturally there will occur damage in those items. The case of Complainant can be believed to that extent. So from an over all evaluation of the evidence and documents produced by both parties, the Forum found that there is deficiency of service from the part of Opposite party. Point No.1 found accordingly.
6. Point No.2:- Since point No.1 is found in favour of complainant , the Complainant is entitled to get cost and compensation.
In the result, the complaint is partly allowed and the Opposite Party is directed to pay Rs.1,89,915/- (Rupees One Lakh Eighty Nine thousand Nine hundred and Fifteen) only towards the value of purchased spare parts and equipments to the complainant. The Opposite Party is also directed to pay Rs. 28,750/- (Rupees Twenty Eight thousand Seven hundred and Fifty) only towards service charges to the Complainant along with Rs.25,000/- (Rupees Twenty Five thousand) only as compensation and Rs.5,000/- as cost of the proceedings. On receipt of the above amounts from the Opposite Party, the Complainant shall return the damaged spare parts and equipments to the Opposite Party. The Opposite Party shall comply the order within 30 days from the date of receipt of this order failing which the Complainant is entitled to get 12% interest for the whole sum.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Forum on this the 24th day of November 2017.
Date of Filing:23.01.2017.
PRESIDENT : Sd/-
MEMBER : Sd/-
/True copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witnesses for the complainant:
PW1. Sony Varkey. Chief Engineer, Oriental School, Vythiri.
Witness for the Opposite Parties :
OPW1. Purusothama. Servicing Agent.
Exhibits for the complainant:
A1. Copy of Retail Invoice. dt:30.06.2016.
A2. Copy of Retail Invoice. dt:24.05.2016.
A3. Copy of Letter. dt:17.05.2016.
A4. Copy of Retail Invoice. dt:30.06.2016.
A5. Copy of Account Statement.
A6. Copy of Confirmation Certificate. dt:13.01.2017.
A7. Copy of Invoice. dt:02.06.2017.
A8. Copy of Proforma Invoice. dt:17.11.2016.
A9. Copy of Letter.
A10. Copy of Letter. dt:01.11.2016.
A11. Special Power of Attorney.
A12. Copy of Cheque.
A13. Copy of Letter. dt:01.06.2016
Exhibits for the opposite Parties:
B1. Copy of Statement
