SMT.SHEELA JACOB(MEMBER)<br /> <br /> The complainant is running a Photostat Centre cum Stationery Shop at Painavu for earning his livelihood. On 10/01/2006 in exchange of his old photostat machine and Rs.18,000/ to the opposite party, the opposite party agreed to deliver a new Canon Copier Machine within 7 days. The opposite party also collected Rs.2,000/- towards the handling charges. After 7 days the opposite party could not install the copier machine. On 25/05/2007 the complainant sent a registered notice to the opposite party. But he did not care either to intake the machine or to return the amount. The complainant sustained huge loss of earnings to the tune of Rs.2,000/- per month due to non-delivery of the copier machine by the opposite party. Alleging deficiency in service, the complaint has been filed for a direction to the opposite party to deliver a new canon copier machine and to pay compensation.<br /> <br /> 2. The opposite party is exparte. The complainant has given evidence as PW1 and Exts.P1 to P4 were marked.<br /> <br /> 3. Ext.P1 is the receipt issued by the opposite party on 10/01/2006 as the balance amount for the machine after deducting the price of the old machine. Ext.P2 is the copy of the legal notice issued by the complainant and Exts.P3 and P4 are the postral receipt and AD card of the notice. No reply was given to the complainant. The complainant was examined as PW1 and his evidence would show that there was clear deficiency in service on the part of the opposite party for not delivering the new canon copier machine. PW1 had suffered a lot of mental agony. In the circumstance of this case we feel that the opposite party is directed to install the canon copier machine or refund the price of the old machine with Rs.20,000/- and Rs.1,500/- by way of cost and compensation.<br /> <br /> In the result, the petitiion is allowed. The opposite party is directed to refund the price of the old machine and Rs.20,000/- with 12% interest from 10/01/2006 along with Rs.1,500/- as costs and compensation to the complainant within 30 days of receipt of a copy of this order, failing which the outstanding amount shall carry further interest at 12% from the date of default. <br /> Pronounced in the Opern Forum on this the 30th day of May, 2008<br /> <br /> <br /> <br /> SMT.SHEELA JACOB(MEMBER)<br /> <br /> Sd/-<br /> <br /> I agree SRI.LAIJU RAMAKRISHNAN(PRESIDENT)<br /> <br /> <br /> Sd/-<br /> I agree SMT.BINDU SOMAN(MEMBER)