Karnataka

Kolar

CC/30/2022

Sri.Nagendra - Complainant(s)

Versus

The Proprietor, Asra Pro Machinery Manufacturers - Opp.Party(s)

10 Jan 2023

ORDER

 

Date of Filing: 16/07/2022

Date of Order: 10/01/2023

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, OLD D.C. OFFICE PREMISES,KOLAR – 563 101.

 

Dated: 10^thDAY OF JANUARY 2023

SRI.SYED ANSER KALEEM, B.Sc., B.Ed., LL.B., …… PRESIDENT

SMT.SAVITHA AIRANI,B.A.L., LL.M., …..LADY MEMBER

CONSUMER COMPLAINT NO :: 30 OF 2022

Sri. Nagendra,

S/o. Narayanappa,

Aged About 62 Years,

R/at: Gaddekannurr Village,

Tamaka Post, Kasaba Hobli,

Kolar Taluk.

(Rep. by Sri.K.N.Narayanaswamy, Advocate)            ….  Complainant.

 

- V/s -

The Proprietor,

Asta Pro Machinery,

Manufacturers,

SF No.483/1B2 Pllachi by

Pass Road, Eachanary,

Coimbatore-641 021.

(Ex-parte)                                                                              …. Opposite Party.

-: ORDER:-

BY SMT.SAVITHA AIRANI, LADY MEMBER

01.   The complainant has filed this Consumer Complaint Under Section 35 of Consumer Protection Act, 2019 against OP alleging deficiency in service and thereon praying to direct to the OP to replace the defective machine with a new defect free machine or to refund the amount which was paid by the complainant towards purchase of Automatic Chicken Cutting Machine and Rs.10,00,000/- towards the loss incurred by the complainant along with interest.

 

02.  The brief facts of the complainant’s case is that, the  complainant  is running the chicken center under the name and style of Nagendra Chicken Center, Near Head Post Office, Gowripet Main Road, Kolar, since from four years.

02(a).  The OP being a manufacturing company of the Automatic Chicken Cutting Machine, approached the complainant to purchase the Automatic Chicken Cutting Machine from him.  Further OP told to the complainant that, the machine was in good quality, believing the words of the OP the complainant purchased the above said machine from the OP for a sum of Rs. 4,21,004/- and the said amount paid by the complainant to the OP through phone pay as follows:-

1) On 11.10.2021 a sum of Rs.1,18,000/-

2) On 25.08.2021 a sum of Rs.1,00,004/-

 

3) On 09.09.2021 a sum of Rs.40,000/-

4) On 11.06. 2021 a sum of Rs.53,000/-

5) On 06.11.2021 a sum of Rs.20,000/-

6) On 28.01.2022 a sum of Rs.90,000/-

The above said total amount of Rs.4,21,004/- was paid to the OP and all the transactions were made only through Phone pay to the Op by the complainant.

02(b).  Further complainant states that, the OP had delivered the above said Automatic chicken cutting machine on 11.10.2021 to the complainant.  The complainant started to use the machine in his chicken center, but the said machine was defective one, it is not working properly as per the assurance given by the OP to the complainant at the time of purchase of the said machine.  The complainant immediately informed to the OP about the defect of the said machine and requested on several times through mobile phone to replace of the said defect machine or to refund the amount paid by him at the time of purchase of the machine.  But the OP did not cared the words of the complainant and did not responded properly.  Ultimately the complainant alleges that, due to the negligent act and deficiency in service of the OP the complainant had sustained heavy loss since from one year and six months in his business and the complainant lost some of his customers because of non-delivering of the chicken within time and the complainant suffered mental agony.  Hence this complaint.

03.  Despite service of notice OP remained absent and hence OP placed Ex-parte.

04.  In order to prove the case, the complainant has filed his affidavit evidence and written arguments along with documents.

05.   Heard the arguments of the complainant.

06.  On the basis of the pleadings of the complainant and the evidence placed on record, the following points will arise for our consideration:-

(1) Whether the complainant has proved deficiency in service on the part of OP?

(2) Whether the complainant is entitled for the relief as sought for in the complaint?

(3)  What Order?

07.   Our findings to the above points are:-

POINT NOs. (1) & (2):-     Are in the Affirmative.

POINT NO.(3):-                As per the final order

For the following:-

REASONS

08.   POINT NOs.(1) & (2):-  These points are taken up together for common discussion to avoid repetition of facts and for the sake of convenience. 

09.  Perused the complaint along with the evidence placed on record. It is the specific case of the complainant that, he had purchased an Automatic Chicken Cutting Machine from the OP (i.e., Asta Pro Machinery, Manufacturers, SF No: 483/1B2 Pllachi By Pass Road, Eachanary, Coimbatore-641021.) by making payment of Rs.4,21,004/- through phone pay.  Further the complainant alleged that, after purchase of the Automatic Chicken Cutting Machine complainant started to use the said machine in his chicken shop for cutting of the chicken, but it was not working properly and the false assurance given by the OP at the time of purchase of the machine. It is alleged that Op has given defective machine to the complainant and hence he had suffered loss   and complainant lost his customers because of non-delivering the chicken to its customers within time.  Hence the complainant immediately informed the OP that, the machine supplied by him was defective in nature and on several times complainant requested the OP to replace the defective machine or to refund his amount paid by him.  But OP did not care to respond.

10.  It is worth to note that, despite service of notice, for the reasons best known to the OP, he had failed to appear before this Commission to answer the claim of the complainant and thereon the OP was placed Ex-parte.  Under these circumstances we proceed with the matter on the basis of the available evidence on record.

11.   On perusal of the affidavit evidence along with documents and the written arguments placed on record, it is evident from the documents i.e., Tax Invoice, dated: 11.10.2021, It clearly reveals that, the complainant had duly purchased the said Automatic Chicken Cutting Machine for Rs.4,21,004/- from the OP Manufacturers. It is the duty of the manufacturer or the sellers to provide a better service to its customer and when it is brought to the notice of the seller or manufacturer regarding the defects in the product and thereon it is the duty of the seller or the manufacturer to provide good service to its customer either repairing the machine to its worthy condition or to replace the defective machine in to a new one if it is covered under warranty or guarantee and if for any reasons not possible to remove the defect in such event OP is to replace the defective machine in to new one of the same make/model or else he has to honorably refund the amount by receiving back the defective machine.  

12.   That the complainant by placing the suitable evidence on record regarding payments made through phone pay as it is evident from the Tax invoice and the Bank statement.  On perusal of the tax invoice and the bank statement that the complainant purchased the machine on 11.10.2021 by paying an amount of Rs.4,21,004/-.  That the OP despite service of notice from this Commission failed to answer the claim of the complainant.  Above all, the evidence placed on record we found that, the complainant being the customer of the OP and the OP failed to give proper service and on the basis of available record we cannot disbelieve the allegations of the complainant.  On the above said ground, we reached to conclusion that, the complainant has proved deficiency in service on the part of the OP. 

13.   Under these circumstances we deem it just and proper to direct the OP to receive back the defective Automatic Chicken Cutting Machine and refund the amount of Rs.4,21,000/- and it will meets the ends of justice.  However due to inaction of the OP lead to filing of this complaint and hence complainant is entitled for Rs.2,000/- towards cost of the proceedings.  Accordingly we answered Point Nos.1 & 2 are in the Affirmative.

14.  POINT NO.3:-  On the basis of the answers given on the Point Nos.(1) & (2) thereon, we proceed to pass the following:-

ORDER

01.   The complaint is allowed with cost against OP.

02.   The OP Asta Pro Machinery Manufacturer is directed to refund a sum of Rs.4,21,000/- to the complainant by receiving back the defective Automatic Chicken Cutting Machine within 30 days from the date of the order, failing which the OP shall pay the said amount along with interest @ 7.5% per annum from the date of filing of this complaint i.e., 16.07.2022 till the realization of the amount.

03.   The OP is also directed to pay a sum of Rs.2,000/- to the complainant towards cost of the proceedings.

04.   Further the OP is also directed to submit the compliance report before this Commission within 45 days from the date of the order.

05.   Send a copy of this order to both parties free of costs.

(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us on this 10^th DAY OF JANUARY 2023)

 

 

 

   LADY MEMBER                               PRESIDENT