Present         (1)      Nisha Nath Ojha,   

                              District & Sessions Judge (Retd.)                                                                                         President

                    (2)      Smt. Karishma Mandal,

                              Member

Date of Order : 31.03.2016

                    Nisha Nath Ojha

1. In the instant case the Complainant has sought for following reliefs against the Opposite party:-

1. To direct the opposite parties to refund the price of the Machine i.e Rs. 1,900/- and the price of the plastic cover i.e. Rs. 347/- along with interest.

2. The facts of this case lies in a narrow compass which is as follows:-

The complainant has asserted that she being helpless lady belongs to schedule cast category and has purchased a sewing machine after paying Rs. 1,900/- from shop of opposite party no. 2 on 01.12.2007. Her intention was to start a side business of sewing cloths for her survival. At the time of purchase vide annexure – 1 guarantee card was also given which has been annexed as annexure – 2.

It is further case of the complainant that since the date of purchase vide annexure – 1, the aforesaid machine never worked properly and she requested the opposite parties to replace the aforesaid machine which was under guarantee period but they refused.

It is further case of the complainant that the respondent no. 2 has stated that due to entry of dust into oiling portion of the machine it is not working properly and she was compelled to purchase a plastic cover for Rs. 347/- on 23.09.2008 vide annexure – 3.

The further grievance of the complainant is that the aforesaid plastic cover was also found broken and there was no change in the functioning of the machine which remains defective. Thereafter the complainant having no source of income and being harassed by opposite parties sent a legal notice to opposite party no. 1 but opposite parties did not heed to her request and thereafter she filed this complaint petition.

On behalf of opposite party no. 1 a written statement ( show cause ) has been filed which was also adopted by opposite party no. 3. In the show cause / written statement it has been asserted that “ when any customer purchase the sewing machine the seller of machine shows all the ins and outs of machine to the customer for their satisfaction and after satisfaction the customer purchased the sewing machine, so that the statement made in Para – 1 is wrongly stated.”

It has been further asserted by opposite parties that in the case of manufacturing defect during warranty period the company is only responsible for removing the defect and after curing the defect the machine is to be handed over to the customer.

It has been further asserted that defects of the machine was removed by companies work shop and engineer found that the machine was badly handled and defect was caused by ignorance of complainant.

It is needless to say that the aforesaid written statement or show cause has been adopted by opposite party no. 3 as will appear from order sheet dated 08.02.2012.

So far opposite party no. 2 is concerned despite paper publication of notice he did not appeared and as such this case was heard ex parte against the him.

In this case complainant was heard earlier and later on after hearing the opposite parties counsel the case was fixed for order.

It is the case of the complainant that vide annexure – 1 she has purchased a machine and since the date of purchase the machine did not work properly and despite her repeated request the opposite parties did not cured the defect as assurance given in guarantee card vide annexure – 2.

On behalf of the complainant her allegation has been repeated in her written argument filed by her.

So far opposite parties are concerned they have simply stated that defect was due to mishandling of sewing machine which was removed by their engineer.

It is surprising that the opposite parties have not annexed a chit of paper in support of their contention that the aforesaid machine became defective due to mishandling of the same which was removed by their engineer.

In our considered opinion we find and hold that by selling defective machine and by not removing the defect with complainant’s persistent request the opposite parties have committed deficiency in their service.

We therefore direct the opposite parties jointly and severally to return the price of the aforesaid machine i.e. Rs. 1,900/- as well as plastic cover i.e. Rs. 347/- to the complainant, the details have been given in annexure – 1 and annexure – 3 within the period of two months from the date of receipt of this order or certified copy of this order failing which the opposite parties will have to pay an interest @ 12% on the aforesaid amount of Rs. Rs. 2,247/- ( Rs. Two Thousand Two Hundred Forty Seven only ) till its final payment.

At the time of receiving the aforesaid amount the complainant will hand over the sewing machine as well as plastic cover to the opposite parties, if the same are in her custody.

We further direct the opposite parties jointly and severally to pay Rs. 5,000/- ( Rs. Five Thousand only ) to the complainant by way of compensation and litigation costs within the aforesaid period of two months.

Accordingly this complaint stands allowed to the extent indicated above.

                              Member                                                                                        President