Date of filing : 14-08-2013
Date of order : 29-09-2014
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.187/2013
Dated this, the 29th day of September 2014
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.K.G.BEENA : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
T. Abdul Razak, S/o.P.P.Ahamed, : Complainant
Mohammed Rashid Manzil,
Thekkan Bangalam, Bangalam.PO.
Hosdurg Taluk, Kasaragod.District.
(Advs.K.V.Rajendran& Ganaraja.K,Hosdurg)
1 The Manager, M/s.Elite Engineering Company, : Opposite parties
Opp. Telephone Bhavan, Sai Baba Lane,
Annie Hall Road, Calicut.673002.
(Adv.N.Rajendra Babu, Calicut)
2 The Manager, M/s.Champ Energy Ventures Pvt.Ltd,
Plot No.7, Gat.No.399/1-2-3B, Village Bhare,
Tal-Mulshi, Pune District. 412106
(Exparte)
O R D E R
SMT.K.G.BEENA,MEMBER
The case of the complainant Sri.Abdul Razak is that he purchased a CHAMP 3000CGS GAS GENERATOR bearing Engine No.51201067075 on 28-07-2012 from opposite party for an amount of Rs.90,000/- believing the assurance of opposite party regarding the quality of generator. At the time of delivery of goods the generator’s body part was in damaged condition and it was pointed out to opposite party, and he agreed to replace the same within 3 days as the damage is occurred during the course of transportation. But it has not done till date of complaint. Within 2 days of using the generator, it started to show up all the troubles of it such as starting trouble consumption of fuel more than as assured by opposite party with high noise pollution when the same has been intimated to the company, on repeated presentation, eventhough opposite party replaced the damaged parts, the generator ceased functioning within a week of its repairing. Complainant sent a lawyer notice dated 20-03-2013 to opposite party No.1 informing the defects in the machine and requesting him to provide service and redress the damages. Eventhough opposite party received the said notice but not replied or redressed the grievances caused to the complainant.
2. Opposite party No.1 filed version admitting the sale of the generator to the complainant. Opposite party No.2 is the manufacturer. Opposite party No.1 is not liable for mechanical or other defects, because the production, designing are beyond the control of opposite party No.2 as he is only a dealer. Opposite party No.1 denied the allegation made by the complainant that opposite party No.1 persuaded the complainant to purchase the generator by high lighting the quality of the generators manufactured by opposite partyNo.2 and prompt service etc. According to opposite party No.2 the said generator was delivered to the complainant in good condition. Opposite party No.1 never given any assurance regarding the fuel efficiency of the said generator. Opposite party No.1 never used to treat his customers in a challenging manner. Complainant is not entitled to any of the reliefs prayed for in the complaint and the complaint is to be dismissed.
3. Eventhough notice is served to opposite party No.2, he remained absent. Name of opposite partyNo.2 called absent, set exparte.
4. Complainant filed proof affidavit in lieu of chief examination. Exts A1 to A4 marked.
5. The main questions raised for consideration are:
1 Whether there is deficiency in service on the part of opposite parties?
2 If so, what is the relief?
6. Issue No.1. Opposite party No.1 approached the complainant and persuaded to purchase the generator by high lighting the quality of the generator manufactured by opposite party No.2 complainant purchased CHAMP 3000 CGS GAS GENERATOR from opposite party No.1 for Rs.90,000/- on 28-07-2012. Owner’s Manuel is Ext.A1 and invoice is Ext.A2. The outer body of the generator is damaged at the time of delivery and when it is brought to the notice of the representatives of opposite party No.1. It is stated that the same had happened at the time of transportation, and promised to replace it within 3 days. But opposite party No.1 failed to do so. So the complainant is alleging gross deficiency and negligence on the part of opposite parties. Opposite parties offered prompt service before sale. But after sale opposite parties are not ready to make arrangements to repair the generator. This attitude of opposite parties nothing but unfair trade practice. Due to the irresponsible act of opposite parties complainant suffered loss on the date of delivery damage to the outer body of the generator is noticed by both parties. Opposite party No.1 is bound to make arrangements for repair or replacing of damaged body. But opposite parties evaded from the complaint of the complainant shows, deficiency in service.
7. Due to the negligence on the part of opposite parties complainant suffered monitory loss and mental agony. The loss of the complainant has to be compensated. Opposite partyNo.1 is only a dealer. Opposite party No.2 is the company. Opposite party No.2 is set exparte even after receiving the notice.
In the result, complaint is allowed and 2nd opposite party is directed to refund the price of the Generator i.e.Rs.90,000/- after taking back the defective generator and also directed to pay a compensation of Rs.10,000/- and Rs.3000/- as cost within 30 days from the date of receipt of copy of the order. Opposite party No.1 is exempted from the liability.
MEMBER MEMBER PRESIDENT
Exts.
A1.Owner’s Manuel
A2.26-7-2012 Invoice for an amount of Rs.90,000/-
A3. 20-03-2013 Copy of Lawyer notice.
A4.Photographs.
MEMBER MEMBER PRESIDENT
Pj/
