DATE OF DISPOSAL: 15.05.2023

Sri Satish Kumar Panigrahi, President:

            The fact of the case in brief is that the complainant has filed this Consumer complaint under section 35 of the Consumer Protection Act, 2019 alleging deficiency in service and unfair trade practice by the Opposite Parties (in short O.Ps) and for redressal of his grievance before this Commission. 

2. The complainant’s loan application as duly recommended by the District Industries Centre, Ganjam at Berhampur to the O.P. No.1 for establish of HMI-100 fully Automatic Paper cup making machine. The O.P.No.1 sanctioned the loan in favour of the complainant. On 28.09.2020 the complainant paid Rs.30,000/- by cheque to the O.P.No.2 for booking of the HMI-100 Fully Automatic paper cup making machine. On 04.12.2020 the O.P.No.1 transferred Rs.3,30,000/- only to the OP.No.2’s Account No. 9180201000937439. On 18.03.2021 the O.P.No.1 transferred Rs.5,22,400/- only to the O.P.No.2’s Account No: 918020100937439. After received of Rs.8,52,400/- by the O.P.No.2 , the O.P.No.2 transport the HMI-100 fully Automatic paper cup making machine. The O.P.No.2 granted invoice dated 30.08.2021, it speaks Rs.1,22,400/- only as IGST. The O.P.No.2 sends the said machine on 14.07.2021 after four months after receiving all amounts. The authorized mechanic of O.P.No.2 came on 25.08.2021and installed the said machine and run the said machine and stayed for 5 days. The said authorized mechanic directed to the complainant to purchase pars like barring, welding, lath work etc. in tune of Rs.50,000/-. The said machine runs for only 5 days i.e. till 04.09.2021. The complainant approached several times to the O.P.No.2 but the O.P.No.2 did not heed. At last on 06.11.2021 the O.P.No.2 send its authorized mechanic and he remained for 2 days, when he departure from the place of complainant he said that the machinery is not proper and all inter parts are duplicate. For that the said machinery not run smoothly and product are not come proper. By the act of O.P.No.2 the complainant sustained monetary, mentally, physically losses and damages in tune of Rs.3,00,000/-. The complainant issued legal notice on dated 27.01.2022 to O.P.No.2 and the O.P.No.2 replied in vague manner. The above act of the O.P.No.2 amounts deficiency in service on his part and thus he is liable to be directed to pay compensation to the tune of Rs.3,00,000/- to the complainant and also to be directed to replace a new machine in place of the supplied machine by the O.P.No.2 for which the complainant will be put further into serious and irreparable loss.

 3. Notices were issued against the Opposite Parties but they neither choose to appear nor filed any written version. Hence all the O.Ps set exparte on dated 28.11.2022.

4. To substantiate his case the complainant has filed his evidence on affidavit, documents as per list and written notes of argument. 

5. On the date of exparte hearing of the case, we heard from the complainant and perused the case record and the materials placed on it.

6. We have also thoughtfully considered the submissions made before us by the advocate for complainant. It is pertinent to mention here that though opportunity was given to the O.Ps to defend the case but they failed to do so. As such taking the sole testimony of the complainant in to consideration it is presumed that the complainant’s contention is true.

            7. On foregoing discussion it is crystal clear that the Ops are negligent in rendering proper service to the complainant. Hence, in our considered view there is deficiency in service on the part of the O.P.No.2 and dismissed against O.P.No.1.  

8. In the result, the complainant’s case is allowed on exparte against the O.P. No.2. The O.P. No.2 is directed to replace the alleged a brand HMI-100 Fully Automatic Paper Cup machine with a new  machine supplied by the O.P.No.2 or in alternative to pay the cost of the said machine to the complainant.  Further the O.P.No.2 is directed to pay Rs.10,000/- towards compensation for mental agony along with Rs.5,000/- towards cost of litigation to the complainant. Both the above order shall comply by the O.P.No.1 within 45 days from the date of receipt of this order. The case of the complainant is disposed of accordingly.

       The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.

A certified copy of this Judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019. A copy of this order be also sent to the Secretary, State Consumer Disputes Rederssal Commission, Odisha, Cuttack for information.

The file is to be consigned to the record room along with a copy of this Judgment.