DATE OF DISPOSAL: 30.11.2019
O R D E R
Sri Karunakar Nayak,President:
The complainants have filed this consumer complaint Under Section 12 of the Consumer Protection Act, 1986, alleging deficiency in service against the Opposite Parties ( in short the O.Ps) and for redressal of their grievance before this Forum.
2. Briefly stated the case of the complainant is that the O.P.No.1 being the authorized sales representative of Germany based company i.e. Convergent Technologies GmbH & Co. KG, Ringstrasse 14, 5051 Coelbe, Germany supplying the instruments such as Hematology Analyzer (CBC) and running the business in the name and style Inkarp Instruments Pvt. Ltd. Hyderabad and also having service centre. While the matter stood thus the O.P.No.4 being the authorized representative of Inkarp Instruments pvt. Ltd., Hyderabad approached the complainant to purchase a Hamatology Analyzer machine and O.P.No.4 on the direction of O.P.No.1 took of Rs.3,80,000/- in different dates from the complainant to supply the above said machine and on good faith the complainant had made payment under proper acknowledgement/receipt duly signed by the O.P.No.4. And after receipt of total payment so given by the complainant the said machine was duly installed in the clinic of the complainant but the O.P.No.4 have not issued the purchase bill in respect to the above said machine to the complainant. When the complainant did not receive the purchase bill raised about the same, the O.P. told the complainant that they will issue the purchase bill later on but till date no purchase bill has been issued in favour of the complainant. After installation the above said machine could not function properly due to some defect hence the complainant duly intimated the O.P.No.1 and after receipt of defect intimation from the complainant, the authorized representative of the above company i.e. O.P.No.3 came to the clinic of the complainant and took the above said machine fore repair to vizag and as asked by the O.P.No.3 the complainant paid of Rs.30,000/- through NEFT to the Bank account of O.P.No.3 vide its No.027010200012184 on 30.07.2016 for repairing cost. The O.P.No.3 took some month time for its repair and after repair the O.P.No.3 again installed the machine in the clinic of the complainant and at the time of installation the O.P.No.3 again took a Bank Demand Draft/cheque of Rs.20,000/- for repairing charges in total the complainant has paid Rs.50,000/- to that effect O.P.No.1 issued the invoice bill amounting to Rs.50,000/- on 01.08.2016 and when the said machine after repair did not function properly. The complainant gave intimation to the O.P.No.4 who came to the clinic of the complainant and verified the machine and advised the complainant to purchase some chemicals to run the analyzer. Basing on the advice of O.P.No.4 the complainant purchased the chemicals from Odisha Scientific House, Nayapalli Bhubaneswar to that effect the said scientific house issued purchase bill worth of Rs. 13,335/- on 02.08.2016 in favour of the complainant. In presence of O.P.No.4 the chemicals was used in the said machine but machine did not function for which the O.P.No.4 took time for its repair and left the clinic. The complainant waited for service engineer who will come for its repair, when nobody came for repair, the complainant orally made several approach all of the O.Ps but all the O.Ps did not respond to the complain of the complainant though the complainant has paid the total amount of Rs.3,80,000/- towards purchase of the machine and till date the O.Ps did not choose to send their representative/service engineer to repair of the said analyzer though the analyzer was covered under warranty period. The O.Ps did not issue the purchase bill to the complainant. Due to non functioning of the analyzer the complainant could not run his clinic properly and is suffering from mental agony so also incurred heavy financial loss to the tune of Rs.10,00,000/- for not repairing of the said analyzer by the O.Ps within the warranty period. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.,Ps to replace a new analyzer machine or repay the total cost of the analyzer machine of Rs.3,80,000/- and pay a sum of Rs.10,00,000/- towards mental agony, damage and compensation for supply of defective analyzer machine and for not repairing in the best interest of justice.
3. Notices were issued against the Opposite Parties for their appearance and filing written version. Accordingly the authorized agent M.V.Mahesh Kumar appeared for O.P.No.1,2 &3 and filed written version denying the liability on the part of O.P.No.1,2&3. But O.P.No.4 neither appeared nor filed his written version as such is O.P.No.4 set exparte on dated 8.5.2018.
4. Upon notice Mr. M.V.Mahesh Kumar, Business Manager appeared on behalf of O.P.No.1, 2 & 3. The Executive Director of Inkarp Instrument Pvt. Ltd. Issued a registered letter dated 8th August 2017 which was received this office on 16th August 2017 stated is as:- “While Inkarp had received a hand written purchase order dated 29.11.2014, no payment was received by Inkarp for the same. It is submitted that Inkarp Instruments Pvt. Ltd. never supplied any equipment to Dr. Mahapatro’s clinic as per their records but only they have provided technical support/service support as an authorized representative of convergent where they are bound to extend service for their products irrespective of whether it is sold by them directly or not. As such the complaint made against O.P.No.1,2 & 3 is not correct and has to be addressed by the complainant directly with the parties who actually supplied the equipment”.
5. On the date of hearing of the consumer complaint learned counsel for the complainant is present. We heard argument from the advocate for complainant at length as the authorized agent for O.P.No.1, 2 &3 is absent since several dates. Perused the materials on record. It reveals from the record that the O.P.No.4 approached the complainant to purchase a Blood Analyzer machine as such as per the direction of O.P.No.1. The O.P.No.4 received Rs.3,80,000/- in installments from the complainant and sold the said Blood Analyzer machine to the complainant but did not issue the purchase bill to the complainant. After installation the above machine could not function properly due to some defect as such the complainant intimated O.P.No.1. It reveals from the record that the complainant has paid Rs.50,000/- for the said repair vide Invoice No. 1294 dated 1.08.2016 of O.P.No.1. Further, in support of his claim the complainant has also filed evidence on affidavit that he has paid Rs.50,000/-towards the repair of the said Blood Analyzer machine to O.P.No.3. After some day of installation of the said machine in the complainant’s clinic by O.P.No.3 again it became defective for which the complainant intimated to O.P.No.4, who came to the complainant’s clinic and verified the machine. Basing on the advice of O.P.No.4 the complainant purchased the chemicals from Odisha Scientific House, Nayapalli Bhubaneswar to that effect the said scientific house issued purchase bill worth of Rs. 13,335/- on 02.08.2016. In presence of O.P.No.4 the chemicals was used in the said machine but the said machine did not function for which the O.P.No.4 took time for its repair and left the clinic. Inspite of repeated approach by the complainant the O.Ps did not send their representative/service engineer to repair the said analyzer of the complainant though the analyzer was covered under warranty period. Despite several persuasions the O.Ps did not heed to consider the grievance of the complainant during the warranty period. Hence, in our considered view the O.Ps are negligent in rendering proper service to the complainant, as such there is deficiency in service on the part of the O.Ps.
6. In the result, the complainant’s case is partly allowed against O.Ps. The O.Ps are jointly and severally liable as such they are directed to refund the cost of the defective Blood Analyzer machine i.e. Rs.3,80,000/- and to pay Rs.10,000/- as compensation for mental agony alongwith Rs.2000/- as cost of litigation to the complainant within 45 days from the date of receipt of this order, failing which all the dues shall be realized at the rate of 12% interest per annum. The complainant is also directed to refund the defective Blood analyzer machine to the O.Ps. The case of the complainant is disposed of accordingly.
The order is pronounced on this day of 30th November 2019 under the signature and seal of this Forum. The office is directed to supply copy of order to the parties free of cost and a copy of same be sent to the server of www.confonet.nic.in for posting in internet and thereafter the file be consigned to record room.
