Haryana

Karnal

CC/401/2021

Mohinder Singh - Complainant(s)

Versus

M/s Dashmesh Mechanical WorksPrivate Limited - Opp.Party(s)

Nirmal Singh

28 Jul 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                        Complaint No. 401 of 2021

                                                        Date of instt.13.08.2021

                                                        Date of Decision:28.07.2023

 

Mohinder Singh son of Sewa Singh, resident of VPO-Nagla Roran, tehsil Indri, District Karnal, Haryana PIN 132041.

 

                                                                       …….Complainant.

                                              Versus

 

1. M/s Dashmesh Mechanical works Pvt. Ltd. Raikot Road, Malerkotla, District Sangrur (Punjab), through its proprietor, Partner/Owner/Authorized Signatory, Pin Code-148023.
2. Address of manufacturer is to be disclosed by OP no.1.

 

                                                                      …..Opposite Parties.

 

Complaint Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.

              Shri Vineet Kaushik……Member

              Dr. Rekha Chaudhary…….Member

                   

Argued by: Shri Nirmal Singh, counsel for complainant

                   Shri Isham Singh, counsel for the OPs.

               

                    (Jaswant Singh President)

ORDER: 

                 

                The complainant has filed the present complaint Under Section 35 of Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that complainant has purchased a new Harvester Combine DASHMESH-9100 from the OP no.1, through invoice bearing no.DMWPL/20-21/854 dated 07.08.2020 for a total sum of Rs.19,65,000/-. OP no.1 has been running its business in the name of M/s Dashmesh Mechnical Works Pvt. Ltd. and giving its advertisement in various newspapers for promoting its sale. After seeing the advertisements in newspaper, complainant visited the showroom of OP no.1 on the basis of promises made by OP no.1 regarding the efficiency, performance and high level error free functioning of its products, namely Harvester Combine DASHMESH-9100 and the complainant believing the version of OP no.1 true and correct, decide to purchase the new Harvester Combine DASHMESH-9100 from the OP no.1 for earning his livelihood by way of self employment. The Harvester Combine was delivered to the complainant in the month of August, 2020, which was got registered with Registration Authority, Indri, District Karnal, bearing registration no.HR-75-C,2173. OP no.1, while delivering the Harvester Combine gave two seasons guarantee i.e. for the crop of kharif and Rabi i.e. for the one year. Complainant paid Rs.20,70,000/- to the OP but OP has given the receipt only for a sum of Rs.19,65,000/-. The said combine machine was found not working properly, since its purchase as its elevator, cuter war, were causing problems in thrashing of crop i.e. paddy and thrashing out crop was not coming properly due to fault in elevator, cutter-war, thrashing and basket etc. The complainant made many complaints to the OP no.1 telephonically as well as on toll free numbers of the company and also visited the showroom of OP no.1 several times. Ultimately, OP no.1 deputed its Service Executive namely Shri Jaspal Singh, who visited the field site of the complainant on 28.09.2020 and checked the Harvester Combine machine and after checking, the service engineer found the defect in the gear box as well as other parts and same were removed on the spot. After few days, in the first week of October, 2020, the said machine again started giving problem in elevator, cutter-war, thrashing as well as gear box were found not working properly. The complainant again contacted OP no.1 for the repair/removal of defect of Harvester Combine or replacement of defective parts of Harvester combine in question but of no use. Even OP no.1 stopped to hear the telephonic call of complainant. There is a manufacturing defect in the Harvester Combine machine from the very beginning as it was not running properly and causing some troubles. Thereafter, complainant made many requests to the company verbally as well as telephonically for the repair of Harvester Combine machine, but of no use and the machine is lying with the complainant in dead condition. Then complainant sent a legal notice dated 16.04.2021 to the OP but it also did not yield any result. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence this complaint.

2.             On notice, OPs appeared and filed written version raising preliminary objections with regard to maintainability; cause of action and concealment of true and material facts. On merits, it is pleaded that complainant purchased a new Harvester Combine Dashmesh-9100 from the OP no.1 and no guarantee/warrantee of two seasons i.e. one year guarantee was given to the complainant. In fact, complainant booked the abovesaid Harvester combine on 22.07.2020 after filling of combine Booking application form and it is clearly mentioned in the terms and condition no.6 in combine booking application that warrant for one harvesting season against any manufacturing defect except orbitrol, control value, cylinder, Hydraulic pumps, gear etc. and after that the complainant has purchased the abovesaid combine vide invoice no.DM/WPL/20-21/854 dated 07.08.2020 and it is clearly mentioned at the backside of the bill in para no.1 of the terms and conditions that “For any manufacturing defect, the replacement warranty is applicable for first season for the sale of Dashmesh products. Complainant also put his signatures on the booking application form after going through the conditions and admitting the same and after admitting the terms and conditions, invoice was issued to the complainant. The complainant has prepared a false and concocted story only to extract money from the OP. On 28.09.2020, Shri Jaspal Singh, service Executive of the OP visited the spot and the complainant complained that first gear is not working properly, then the Service Executive set right the gear and replaced the Goli Kit in the combine and the complainant was fully satisfied and on testing, the machine was found working properly and no complaint of any sort was found. The complainant also put his signature on the field service report and admitted that the combine is working properly. The OP is not responsible after use in the first season and the complainant has cooked up a false and story only to put pressure upon the OP to refund the amount, which is an illegal act on the part of the complainant. The OP has rendered its service to the entire satisfaction of the complainant and there is no deficiency in service on the part of the OP. It is clarified that the price of the combine was Rs.19,65,000/- and price of the extra part namely SMS was of Rs.1,10,000/-. It is wrong to say that at the time of delivery of combine, warranty of two seasons was given to the complainant. There is no deficiency in service and unfair trade practice on the part of the OP. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             Parties then led their respective evidence.

4.             Learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.CW1/A, copy of e-bill Ex.C1, copy of tax invoice dated 07.08.2020 Ex.C2, copy of sale certificate dated 07.08.2020 Ex.C3, copy of form 22 Ex.C4, copy of temporary RC Ex.C5, copy of RC Ex.C6, copy of insurance policy Ex.C7, copy of legal notice Ex.C8, postal receipt Ex.C8 and closed the evidence on 13.05.2022 by suffering separate statement.

5.             On the other hand, learned counsel for the OPs has tendered into evidence affidavit of Ankush Sharma Ex.OPW1/A, copy of Field Service Record dated 24.08.2020, 28.09.2020, 23.09.2021 and 06.09.2021  Ex.OP1 to Ex.OP4, copy of reply of legal notice dated 28.04.2021 Ex.OP5, copy of SMS bill dated 24.03.2021 Ex.OP6, copy of payment slip Ex.OP7, copy of delivery report dated 07.08.2020 Ex.OP8, copy of booking application Ex.OP9, copy of warranty card Ex.OP10 and closed the evidence on 03.02.2022 by suffering separate statement.

6.             We have heard the learned counsel of the parties and perused the case file carefully and have also gone through the evidence led by the parties.

7.             Learned counsel for complainant, while reiterating the contents of the complaint, has vehemently argued that on 07.08.2020, complainant has purchased a Harvester Combine machine from the OP no.1 for the consideration of Rs.19,65,000/- with the warrantee of one year. The said combine machine was not working properly from the very beginning of its purchase as its elevator, cuter war, were causing problems in thrashing of crop. The complainant made many complaints to the OP no.1. OP no.1 deputed its Service Executive namely Shri Jaspal Singh, who visited the field site of the complainant on 28.09.2020 and checked the Harvester Combine machine and after checking, the service engineer found the defect in the gear box as well as other parts and same were removed on the spot. But in the first week of October, 2020, the said machine again started giving same problem. The complainant again contacted OP no.1 for the repair/removal of defect of Harvester Combine or replacement of defective parts of Harvester combine in question but of no use. There is a manufacturing defect in the Harvester Combine machine and complainant got inspected the said combine machine from Haryana roadways, Karnal and as per report combine machine is having inherent manufacturing defect and lastly prayed for allowing the complaint.

8.             Per contra, learned counsel for the OPs, while reiterating the contents of written version, has vehemently argued that complainant purchased a Harvester Combine machine from the OP no.1 and no guarantee/warrantee of two seasons i.e. one year was given to the complainant. The replacement warranty is applicable for first season for the sale of Dashmesh products. Complainant also put his signatures on the booking application form after going through the conditions. On receipt of complaint, on 28.09.2020, Shri Jaspal Singh, service Executive of the OPs visited the spot and removed the defect in the combine and complainant was satisfied. The OPs are not responsible after use in the first season and the complainant has cooked up a false story only to put pressure upon the OPs to refund the amount and lastly prayed for dismissal of the complaint.

9.             We have duly considered the rival contentions of the parties.

10.           On 07.08.2020, the complainant purchased the Harvester Combine from the OPs. As per the version of the complainant, the OPs gave two season warranty of the said Combine with regard to any defect but as per the version of the OPs, the combine in question is having only one season warranty. The complainant made a complaint to the OPs in the first season i.e. in the month 2020 with regard to several defects in the combine in question. On the said complaint, the OPs deputed its Service Executive namely Shri Jaspal Singh, who checked the Combine in question on 28.09.2020 and found some defects and same were removed by him.  This fact has not been denied by the OPs. Hence, the defects occurred in the combine in question from the very beginning i.e. in the first season. just for the sake of arguments, if it is believed that the warranty was only for first season, in that eventuality, it is very well admitted by the OPs that the defects were removed on 28.09.2020 by the Service Executive of the OPs. Hence, it is proved on record that the defects were occurred in the Combine in question during the first  i.e. in the warranty period.

11.           After removal of the defects by the Service Executive of the OPs, the combine in question in the month of October, 2020, again started giving several problems while plying. The complainant again made several complaints to the OPs for removing the defects, but the OPs did not hear the genuine requests of the complainant and stopped to pick up the telephone calls of the complainant. On 16.04.2021, the complainant sent a legal notice through his counsel but OPs did not hear the genuine request of the complainant.

12.           During the pendency of the complaint, the complainant moved an application for examination of the Harvester Combine from the Mechanical Expert. The said application was allowed in the presence of the OPs and Mechanical Engineer/Expert posted in the workshop of Haryana Roadways, Karnal, after examination of Combine in question filed inspection report dated 08.06.2023 which is reproduced as under:- 

1. On checking during wheat harvesting, it was found that about 20% of the wheat grains were broken by the machine. Videography was also done during the inspection.
2. Brake system was not working smoothly.
3. When the machine runs under load, the first gear also comes out.
4. The scale for assessing the quality of footer bar and aniwator is not available in the department.

It is also clarified that the committee was unable to check the moisture content of wheat during harvesting.

 

13.           It has been proved on the record that the defects have ascertained from the very beginning. Initially, the OPs tried to remove the defects but they failed to remove the same. The OPs have not rebutted the opinion of Mechanical Engineer, General Manager, Haryana Roadways, Karnal by placing on record any other Mechanical Expert report. Hence the plea taken by the OPs that the machine in question was/is not having any manufacturing defect has no force. Therefore, under such facts and circumstances, we have no hesitation in concluding that the evidence of the complainant on record are sufficient to establish that there are manufacturing defects in the combine machine, which could not be removed by the OPs.

14.           The complainant has submitted that several  persons known to him, have also purchased the Combine of the same make from the OPs and they are also facing many problems in their Combine and the OPs are also not removing the defects in their Combines and are harassing them on one pretext or the other by not removing the technical fault and that is why, the complainant has no faith in the OPs company that  in case they replace the Combine in question then the same will also work properly without any defect.  Thus, the complainant is not interested to replace the same and sought refund for costs of the combine in question.

15.           The complainant claimed Rs.20,70,000/- as cost of the machine in question, but as per e-bill Ex.C1 and Tax invoice ExC2, the cost of the machine was Rs.19,65,000/-. Thus, the complainant is entitled for the said amount alongwith compensation for harassment, mental pain and agony and towards litigation expenses.

16.           Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OPs to refund Rs.19,65,000/- as cost of the combine in question to the complainant. We further direct the OPs to pay Rs.25,000/- to the complainant on account of mental agony and harassment and Rs.11,000/- towards the litigation expenses.  This order shall be complied with within 45 days from the receipt of copy of this order. The complainant is also directed to handover the combine in question to the OPs and get transferred the same in their name. It is made clear that if the abovesaid amount shall not be refunded to the complainant within stipulated period then this amount will carry interest @ 9% per annum from the date of announcement of the order till its realization. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:28.07.2023                   

                                                                  President,

                                                     District Consumer Disputes

                                                     Redressal Commission, Karnal.

 

(Vineet Kaushik)                (Dr. Rekha Chaudhary)

                        Member                             Member