By. Sri. K. Gheevarghese, President:-
The complaint filed against the opposite party for the non delivery of the machinery after receivel of the consideration.
2. The complaint in brief is as follows:- The complainant entrusted the opposite party for the repair of a coffee roaster ( deluxe model) for reconditioning and repainting. The charge remitted by the opposite party for the reconditioning and repainting of the machinery was Rs.4,500/- and the opposite party had taken away the machinery to the shop. The assurance of the opposite party at the time of taking the machinery was that the entire work of the coffee roaster would be completed within one month. On reaching the duration of one month the complainant approached the opposite party but instead of delivering the reconditioned and repainted machinery the opposite party requested an another extension of 15 days to get the work completed. The opposite party is not ready to deliver the reconditioned and repainted roasting machine to the complainant so long the complainant had to take enough effort to get back the roasting machine. On completion of the period demanded by the opposite party for the repair of the machinery the complainant approached the opposite party, at that time too the opposite party requested for an extension of additional one month for the repair of the machine. The reason pointed out by the opposite party is that the mechanic who was engaged in that work went away from the institution, only after arrival of another mechanic machinery can be repainted and reconditioned. The non delivery of the coffee roaster machinery is a deficiency in service. The complainant entrusted work to opposite party in the assurance that the work of the machinery including repainting would be completed within a period of one month as assured. The non delivery of the coffee roaster machinery caused heavy loss to the complainant. There may be an order directing the opposite party to recondition and repaint the coffee roaster machine and that to be installed in the premise of the complainant. If the opposite party fails to recondition and repaint the coffee roaster machine, value of the machine Rs.4,00,000/- is directed to be given to this complainant. The complainant is also entitled for Rs.75,000/- towards compensation for not delivering the machine in time with interest at the rate of 12% along with Rs.50,000/- towards the mental hardships and other loss and also the cost.
3. The opposite party is declared exparte.
4. The points in considerations are:-
1. Is there any deficiency in service on the part of the opposite party?
2. Relief and Cost.
5. Points No.1 and 2:- The evidence in this case consist of the proof affidavit of the complainant. Ext.A1 series and Ext.A2 are the documents produced. Ext.A1 series is the copy of the registered lawyer notice consisting of Acknowledgment card and postal receipts. Ext.A2 is the authorization given to the agent to conduct the case for the complainant.
6. The proof affidavit filed by the agent, the wife of the complainant affirmed that the coffee roaster (Deluxe Model) machine is having output of 15 kg of coffee powder per one hour. It is entrusted for reconditioning and repainting. When the machinery was entrusted to opposite party Rs.4,500/- was given as advance to the repairing charges. The opposite party had taken the coffee roaster for repairing and reconditioning in the goods autorickshaw No. KL 12 B 3107. The service of the opposite party is availed for the repainting and reconditioning of the coffee roaster machine and the charge was also given. The assurance of the opposite party at the time of taking the machinery for repair was that it would be repainted and reconditioned and installed in the premise within one month. According to complainant, lawyer notice sent to the opposite party is also not responded. The opposite party received notice on 07.12.2011.
7. In the absence of any adverse inferences it is to be considered that the coffee roaster with motor (Deluxe Model) is not reinstalled in the premise of the complainant after repainting and reconditioning. It is absolutely a deficiency in service. The complainant is entitled to get cost and compensation from the opposite party for the deficiency in service. The complainant has not produced any documents to establish the contention how much is the cost of the machine.
In the result complaint is partly allowed. The opposite party is directed to install coffee roaster with motor (Deluxe Model) in the premise of the complainant on completion of repainting and reconditioning within one month from the date of receipt of this Order. The opposite party is also entitled to receive the remaining charges for repair of the machinery from the complainant. If the opposite party fails to repair and give back the machinery to the complainant, the cost of the Janatha coffee roaster (Deluxe Model) machinery Rs.4,00,000/- (Rupees Four Lakh Only) is to be given to the complainant. The complainant is also entitled for the cost of Rs.5,000/- (Rupees Five Thousand Only) towards cost and compensation. This is to be complied by the opposite party within one month from the date of receipt of this Order.
Pronounced in Open Forum on this the day of 30th May 2012.
Date of Filing:30.03.2012.
