Haryana

StateCommission

A/302/2014

Sunil Dutt - Complainant(s)

Versus

Unity Earth Tech - Opp.Party(s)

Ajay Chhikara

22 Nov 2016

ORDER

TATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA,PANCHKULA

                                                 

First Appeal No.302 of 2014

Date of Institution: 03.04.2014 and 17.04.2014

                                                          Date of Decision: 22.11.2016

 

Sunil Dutt S/o Sh.Rameshwar Dass, R/o Village Hariahera, Tehsil Sohna, Distt.Gurgaon.

     …..Appellant

 

                                                Versus

 

1.      Unity  Earth Tech through its authorized person SCO 22, IInd second floor Sector 31 Gurgaon.

2.      Terex Vectra Equipments Private Limited through its authorized person, plot Number 30, Industrial Area, Veerwell complex, NIT Faridabad.

         …..Respondents

 

CORAM:   Mr. R.K.Bishnoi, Judicial Member.
                   Mrs. Urvashi Agnihotri, Member.

 

Present:-    Mr.Naren Partap Singh, Advocate counsel for the appellant.

                   None for the respondent No.1.

                   Mr. Karamjeet Singh, Advocate counsel  for the respondent 2.

 

                                      O R D E R

 

R.K.BISHNOI, JUDICIAL MEMBER:

 

          It was alleged by the complainant that  he purchased JCB machine for self employment  and earning livelihood on 14.09.2007 from opposite party (O.P.) No.1 manufactured by O.P.No.2.  The machine was under full warranty for one year. The machine started giving trouble since very beginning and was taken to showroom of O.P.No.1 time and again to remove the defects. There was continuous problem of air locking, skipping etc. As there was major technical fault, the machine could not be used properly. He requested O.Ps. to replace machine or refund purchase amount, but, they refused to do so. O.P.Nos.1 and 2 be directed to replace the machine or to pay Rs.14,59,000/- excluding taxes  alongwith interest @ 18% per annum besides compensation qua mental harassment.

2.      As nobody appeared on behalf of O.Ps. No.1 and 2, so they were proceeded against ex parte by learned District Consumer Disputes Redressal Forum, Gurgaon (In short “District Forum”) vide order dated 17.04.2009.

3.      After evaluating the evidence produced by the complainant and hearing his counsel the complaint was dismissed by learned District Forum vide impugned order dated  03.03.2014.

4.      Feeling aggrieved therefrom, complainant-appellant has preferred this appeal.

5.      Arguments heard.  File perused.

6.      Learned counsel for the appellant-complainant vehemently argued that  as per evidence available on the file it is clear that machine was giving problem since very beginning.  It was taken to O.P.No.1 time and again i.e. 20 times for repair.  Learned District Forum has not given the details of visits Ex. C-3/A to C-3/H. It is clearly mentioned in Ex.C-3/A to C-3/H that noise was coming from the engine time and again  or there was air locking problem.  It was not taken to the workshop for normal wear and tear  rather for major problems.  Expert reports Ex.CA, CB were ignored without any reason.  All these facts clearly shows that there was manufacturing defect in the machine and O.Ps. be directed to remove the same.

7.      We do agree with this contention. From the perusal of the following details, it will be clear that the machine was taken to O.P.No.1 time and again:-

“Invoice No./Date	Amount	Issued by	Description
DNUTG001A /S849/22.09.2008	Rs.2771.37	Unity Earthtech Faridabad	Hose Assy Slew Transfer Hose Assy Bucket HD
DNUTG001A /S827/11.09.2008	Rs.23081.54	Unity Earthtech Faridabad	Transmission Tx25 Ltr, Oil Filter-Trans Gasket, Brether, Element-Suction fitting
DNUTG001A /S/155/17.09.2007	Rs.208.69	Unity Earthtech Gurgaon	Fitting
DNUTG001A /S/170/27.09.2007	Rs.11010	Unity Earthtech Gurgaon	Transmission Tx 25 Ltr, Oil Filter Trans, Hoseassy, Dipper Hd
DNUTG001A /S/745/28.08.2008	Rs.1155	Unity Earthtech Gurgaon	Pin, Washer, Pin Spirol 5-26
DNUTG001A /S/501/22.04.2008	Rs.1476	Unity Earthtech Gurgaon	Cable Asy Foot Throttle, Throttle Cable Assy, Bonnet Lock Assy.
DNUTG001A /S/828/11.09.2008	Rs.5533	Unity Earthtech Faridabad	King pin, Bush top stub axle carl. Bush bottom stub Axle carr, cotton Pin, Nut lock, thrush bush, oil seal, circlip
DNUTG001A /S/471/09.04.2008	Rs.3134	Unity Earthtech Gurgaon	Bush, Door Lock LH, Widow Lock Assy, micro switch Assly, washer, Bush etc.
FBD/0201/16.08.2008	Rs.127	Unity Earthtech Faridabad	Fuse 60 Amp Fuse 100 Amp
2362/08.12.2007	Rs.4517	PR Sales & Services	Coil 13 ltd oil filter, fuel filter micro, Air filter primary Air filter secondary mico”

 As per Ex.C-3/A to Ex.C-3/H complainant also visited different dates to workshop of O.P. for repair, which is as under:-