Kerala

Idukki

CC/17/2019

Sandhya sajeev - Complainant(s)

Versus

M/S Standard Pack engineering com - Opp.Party(s)

26 Jul 2019

ORDER

DATE OF FILING : 28/01/19

IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 26^th day of July 2019

Present :

SRI. S. GOPAKUMAR PRESIDENT

SMT.ASAMOL P. MEMBER

CC NO. 17/2019

Between

Complainant : Sandhya, W/o Sajeev,

Proprietor, Taisthy Food Products,

32/2B1, Kunnumchira Building,

Near Irakkumpuzha Bridge, Manakkad P.O.,

Do Village Thodupuzha- 685 608.

(By Adv: Shaiju P.R.)

And

Opposite Party : M/S Standard Pack Engineering Company,

Plot No.163, Sivaprakasham Nagar,

Surapett, Chennai 600 066,

Represented by its Managing Director

Sri. Krishnamoorthy.

 

O R D E R

SMT.ASAMOL P. (MEMBER)

 

The case of the complainant is that,

 

Complainant is running a company named Taisthy Food Products. On 28/12/2017, the complainant purchased a packing and sealing machine from the respondent company for the purpose of packing the products manufactured. The total cost of the said machine including GST was Rs.4,22,030/-. The complainant had availed a Mudra loan from Vijaya bank, Thodupuzha branch for purchasing the above said machine. After purchasing the machine, opposite party installed the machine in the complainant's factory at Thodupuzha. Soon after the installation, it started to show technical errors ie, error in the quantity of the mix contained in the packs. The complainant informed the said error to the opposite party and subsequently the opposite party sent their technicians to fix the error. Even though they visited the factory and tried to fix error for over five times they couldn't sort the same. All the expenses for the visit of the technicians such as TA, DA, accommodation and food was met by the petitioner which costed her more than Rs.25,000/-.

(Cont.....2)

 

-2-

 

Apart from that the complainant sustained a loss of Rs.10,000/- by wastage of packing materials. The complainant had requested the opposite party several times to replace the said machine with a new one or compensate for the expenses incurred by the complainant. But the opposite party turned down the requests. The act of the opposite party amounts to deficiency in service from their part. Hence, the complainant filed this petition seeking relief such as to direct the opposite party to compensate the cost of the machine Rs.4,22,030/- and for expenses met by the complainant for repairing the said machine along with cost and compensation.

 

Notice from the Forum is served to opposite party. But the opposite party is not turned up to appear before the Forum to contest the matter. Hence opposite party set exparte. Exparte evidence adduced by the complainant by way of proof affidavit and document. Complainant produced tax invoice dated 28/12/2017 marked as Ext.P1.

 

Heard,

 

The point for consideration is whether there was any deficiency in service from the part of the opposite party, and if so, for what relief the complainant is entitled to?

 

The Point:- We have heard the counsel for the complainant and have perused the evidence on records. It is an admitted fact that the function of the said machine is technically in error and opposite party is liable to fix the error of the machine or replace the machine with a new one and compensate the expenses incurred by the complainant or return the purchase amount of the machine to the complainant. Opposite party did not appear before the Forum. Hence opposite party set exparte.

 

Hence the petition allowed. The opposite party is directed to repair the machine to the satisfaction of the complainant or else pay the purchase price of the machine Rs.4,22,030/- and also the amount of Rs.35,000/- as repairing expenses of the machine and Rs.5000/- as compensation to the complainant, within 30 days from the date of receipt of the copy of this order, failing which

(Cont.....3)

-3-

the amount shall carry 12% interest per annum from the date of default, till its realisation.

 

Pronounced in the Open Forum on this the 26^th day of July, 2019.

 

Sd/-

SMT. ASAMOL P. (MEMBER)

Sd/-

SRI. S. GOPAKUMAR (PRESIDENT)

 

APPENDIX

 

Depositions :

On the side of the Complainant :

PW1 - Sandhya Sajeev

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1 - Tax invoice dated 28/12/2017

On the side of the Opposite Party :

Nil.

 

Forwarded by Order,

 

 

SENIOR SUPERINTENDENT