DISTRICT CONSUMER DISPUTES REDRESSAL
COMMISSION, ROPAR

Balwant Singh son of Karam Singh, resident of Village Nalhoti (Ropar), Tehsil Anandpur Sahib, District Rupnagar, through his Special Power of Attorney Sukhvir Singh, aged about 37 years son of Balwant Singh son of Karam Singh, resident of Village Nalhoti (Ropar), Tehsil Anandpur Sahib, District Rupnagar.

M/s Sucha Singh 86 Bros., (RS) Manufacturers of Agricultural Implements, Chandigarh Road, Samrala-141 114, (Ludhiana.), District Ludhiana, through its Managing Director/Manager.

Second Address:

M/s Sucha Singh 86 Bros (RS) Jagminder Singh, Old Subzi Mandi Road, Near Daman Designer Boutique, Main Road Chandigarh to Samrala-141114 (Ludhiana).

Mobile No. for contact:

98154-88361

84373-88361

62393-99767

Respondent

Consumer Complaint under Section 35 of the Consumer Protection Act, 2019.

QUORUM:

Shri S.K. Aggarwal, President

Ms. Ranvir Kaur, Member

Shri Ramesh Kumar Gupta, Member

ORDER:

This complaint has been filed by the complainant through his Special Power of Attorney against the opposite party under Section 35 of the Consumer Protection Act, 2019 alleging deficiency in service and adoption of unfair trade practice on its part with following prayer: -

1. to replace the Thresher purchased by the complainant from it, vide invoice No.3 dated 15.4.2023 and e-Way Bill No.371587508507 dated 15.04.2023 for a total sale consideration of Rs. 1,80,000/- as the same has manufacturing defect or to replace the same with new one;
2. to pay Rs.1,00,000/- as loss of earnings;
3. to pay Rs.1,00,000/- as damages on account of mental, physical and financial harassment caused to the complainant by the respondent; and
4. to pay interest thereon @ 12% per annum from 15.4.2023 till realization and also costs of litigation amounting to Rs.30,000/-.

2. The case of the complainant is that the complainant purchased

a thresher from the respondent/OP for a total sum of Rs. 1,80,000.00, including all taxes, vide Invoice No.3 dated 15.4.2023 and e-Way Bill No.371587508507 dated 15.4.202a The respondent/OP gave warranty of two years of the same The expected date of delivery of the thresher was given as 28.3.2023; however, the same was delivered to the complainant on 15.4.2023 at his above mentioned address. The respondent had also assured that if any problem in functioning of the said thresher comes, then, they will attend the same free of costs. Due to late delivery the complainant lost Rs.1,00,000/- due to non-harvesting of wheat crops. The complainant had purchased the said thresher for harvesting of his wheat and mustard etc. for the present harvesting season. It is averred that when the complainant started using the said thresher it was found that there had been four crosses and all the crosses were found defective. Bearing of the Jharna (Sweep) was also damaged. The wheat grass (Teri) are having two points and out of them one functioned and the wheat grass size/ quality was not proper. The turi and wheat (dana) were not coming

properly. Nut bolts fitted in the thresher in question were of bad quality and they frequently become loose. Gear box is having leakage and gear is hard. It does not shift properly. The gear point is dangerous and there are chances of damage of hands of the workers. The said problem occurred within a week from the date of purchase of the thresher in question. The complainant approached  the respondent/OP and informed it about the said defects in the thresher in question many times. However, the respondent/OP refused to do the needful finally three days back from the date of filing of the complaint. Alleging deficiency in service and adoption of unfair trade the present complaint has been filed for issuance of  above mentioned directions to the respondent/OP.   Notice was issued to the respondent/OR However, it chose not to appear despite service. Hence, the respondent/OP was proceeded against ex parte, vide order dated 31.7.2023.

4.    In support of his complaint, the complainant tendered in evidence his own affidavit as Ex.CW1/A along with documents i.e. copy of Order Book dated 1.3.2023 as Ex.C-2, copy of Invoice Bill No.3 dated 15.4.2023 as Ex.C-3, copy of e-Way Bill dated 15.4.2023 as Ex.C-4 and Ex.C-5, copy of screen shot of mobile of the complainant as Ex.C-6, copies of various photos as Ex. C7 to Ex.C16 showing defects in the said thresher.

5. Heard. The entire record has been perused.
6. From the perusal of the record it is proved that the complainant purchased the above said thresher from the respondent/OP for a sum of Rs.1,80,000/-, vide Invoice No.3 and e-Way Bill No.3715 8750 8507 both dated 15.4.2023, Ex.C-3 and Ex.C-4. The delivery of the said thresher was made on 15.4.2023. The complainant started using the said thresher from 16.4.2023 i.e. from the next date of its delivery. However, according to the complainant, the above mentioned defects were found in the said thresher. The complainant informed the respondent/ OP telephonically as also through whatsupp messages, which is proved from Ex.C-6 to Ex.C-16. However, the respondent/OP did not respond. The respondent/OP even did not choose to appear before this Commission despite service and was proceeded against ex parte. All the averments made in the complaint and the evidence produced by the complainant in support of those averments have gone unrebutted. Hence, it is held that there is deficiency in service and adoption of unfair trade practice on the part of respondent/ OP.