BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, GADAG. Basaveshwar Nagar, Opp: Tahasildar Office, Gadag COMPLAINT NO.134/2022 DATED 25th DAY OF JANUARY-2023 |
BEFORE: | | | HON'BLE Mr. D.Y. BASAPUR B.Com, L.L.B(Spl.,) PRESIDENT | | HON'BLE Mr. RAJU. N. METRI, B.Com, L.L.B(Spl.,) MEMBER HON'BLE Mrs. YASHODA BHASKAR PATIL, B.Com, L.L.B(Spl.,) M.Ed., WOMAN MEMBER | | |
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Complainant: 1) Sanjeev S/o Shivaraddi Chavaraddi
Age:47 Yrs, R/o Hulkoti,
Occ:Business, at Post:Hulkoti,
(Rep. by Smt.S.B.Shreegiri, Advocate)
V/s
Opposite party :- | 1) | S.S.Enterprises Plot No.28/Anew Industrial Association Gazipur Sohana Road, FARIDABAD, HR (06) 121005, |
| | (Absent) |
JUDGEMENT
JUDGEMENT DELIVERED BY SMT. YASHODA. B. PATIL, WOMAN MEMBER
The complainant has filed the complaint U/Sec. 35 of C.P Act, 2019 seeking direction against Op to replace the packaging machine for a new machine or refund the machine purchased amount of Rs.2,80,132/- with interest @ 18% p.a, Rs.4,90,000/- towards mental agony and Rs.5,000/- towards cost of litigation.
2. The brief facts of complaint are as under:-
The complainant had purchased a packing machine complete ss-304 make manual carton pesting PLC & HMI control make Delta with in feed conveyor with geared motor PID – make Omron pneumatic make Festo (6CFM) bar electrical make simens speed:- upto 25 pack/min Depending on men power Air Consumption:- 6CFM, 3 bar Machine size:- 5x3x4 feet manufactured by SS Enterprises Plot No.28/Anew Industrial Association, Gazipursohana Road, Faridabad, HR (06) 121005, Mobile 9205359881, Email:ssenterprises.f@gmail.com. GSTIN:06ACXFS4568A1ZQ for Rs.2,80,132/- on having period of warranty of 1 year from 12.05.2022 (invoice date). The said machine was delivered to the complainant on 23.05.2022 and installed as per the instruction of Opponent’s technician through video call on the business premise. The machine was not working since the very first day of installation, the complainant had made several complaints to the Opponent by phone calls, by whatsapp i.e. from 26.05.2022 till today, regarding the uneven heating of both the heaters of the machine. The grievances of the complainant are not solved and all the efforts went in vain. The complainant further submits that the above said act on the Opponent’s part has caused the complainant a great loss and damage, besides mental tension, trauma, amid inconvenience and loss of value of money. The Opponent has not made any attempts to correct the machine nor has come forward to exchange the machine which is within the warranty period and there is a manufacturing defect in the machine. The Opponent has not provided any service to the complainant, hence the opponent is liable for deficiency of service, thereby due to the act of Opponent causing harassment, hardships, humiliation, mental agony and financial loss to the complainant and the Opponent is liable for unfair-trade practice. The complainant is loosing his business contracts/orders and for this the complainant is suffering from huge financial losses. The complainant has issued the required notice to the Opponent through RPAD the same is not received by Opponent willfully and the same is delivered by professional courier which is received by the Opponent, and the complainant has sent notice through mail and whatsapp also, but the Op did not comply with the same. Therefore, Op has committed the deficiency of service. Hence, filed this complaint.
3. After admitting the complaint, notice was issued to the OP, through post, same is returned as addressee left. Notice issued through courier service and whatsapp message. As per consignment report it is endorsed as delivered to OP. service is deemed to be held sufficient. Op has remained absent.
4. To prove the case, the complainant has filed affidavit and was examined as PW-1 and got the documents marked as Ex.C-1 to Ex.C-11.
5. Counsel for complainant argued.
6. The points for consideration are as under:
1. Whether the complainant proves the deficiency of
service committed by the Opponent?
2. Whether the complainant is entitled
for the reliefs as sought for?
3. What order?
7. Our findings on the above points are as under:
1) Point No 1. In the affirmative.
2) Point No 2. In the partly affirmative.
3) Point No 3. See final order.
REASONS
8 .Point No.1 and 2: The point No.1 and 2 are taken together to avoid the repetition of facts.
9. On careful perusal of all the documents and materials placed before the commission, PW -1 has reiterated the contents of the complaint. PW-1 has stated that, The complainant had purchased a packing machine complete ss-304 make manual carton pesting PLC & HMI control make Delta with in feed conveyor with geared motor PID – make Omron pneumatic make Festo (6CFM) bar electrical make simens speed:- upto 25 pack/min Depending on men power Air Consumption:- 6CFM, 3 bar Machine size:- 5x3x4 feet manufactured by SS Enterprises Plot No.28/Anew Industrial Association, Gazipursohana Road, Faridabad, HR (06) 121005, Mobile 9205359881, Email:ssenterprises.f@gmail.com. GSTIN:06ACXFS4568A1ZQ for Rs.2,80,132/- on having period of warranty of 1 year from 12.05.2022 (invoice date). The said machine was delivered to the complainant on 23.05.2022 and installed as per the instruction of Opponent’s technician through video call on the business premise. The machine was not working since the very first day of installation, the complainant had made several complaints to the Opponent by phone calls, by whatsapp i.e. from 26.05.2022 till today, regarding the uneven heating of both the heaters of the machine. The grievances of the complainant are not solved and all the efforts went in vain. The complainant submits that the above said act on the Opponent’s part has caused the complainant a great loss and damage, besides mental tension, trauma, amid inconvenience and loss of value of money. The Opponent has not made any attempts to correct the machine nor has come forward to exchange the machine which is within the warranty period and there is a manufacturing defect in the machine. The Opponent has not provided any service to the complainant, hence, the opponent is liable for deficiency of service, thereby due to the act of Opponent causing harassment, hardships, humiliation, mental agony and financial loss to the complainant and the Opponent is liable for unfair-trade practice. The complainant is loosing his business contracts/orders and for this the complainant is suffering from huge financial losses. The complainant has issued the required notice to the Opponent through RPAD the same is not received by Opponent willfully and the same is delivered by professional courier which is received by the Opponent, and the complainant has sent notice through mail and whatsapp also, but the Op did not comply with the same. Therefore, Op has committed the deficiency of service.
10. Ex.C-1 purchase order dtd:10.05.2022 with tax invoice reveal that, the complainant purchased box packing machine worth Rs.2,80,132/-, Ex.C-2 whatsapp communication messages between complainant and the Op reveal that, on 27.05.2022 complainant requested the Op to send Engineer to repair the machine, so that the machine starts its work. On 29.05.2022 Op replied as I am arranging on next day again on 30.05.2022 Op replied as Sir Please arrange ticket on 1st june from Ahmedabad by the name of praveer das, For more detail please contact to praveer das. So on reading of messages and the correspondence between them, it reveal that Op did not send the Engineer and got it repaired, due to dispute in respect of expenses of Engineer Praveer das. The machine was delivered on 23.05.2022 and installed as per instruction of the technician of Op through video call. Complainant stated that, within three days from the date of installation the complainant brought to the knowledge of OP that, the machine was not working since the very first day of isntallation. As per Ex.C-2 within a period of four days the complainant requested the Op to send an Engineer for repair. Therefore, it is clear that, from the date of installation itself the said box packing machine did not work properly. Ex.C-4 to Ex.C-6 are Photos, Ex.C-7 C.D reveal that, box packing machine was installed in the premise. Ex.C-3 is Postal receipts and Ex.C-8 is the legal notice issued through counsel to Op requesting to replace the machine or refund the amount of Rs.2,80,132/-. Ex.C-9 Postal envelope reveals that notice was returned to the counsel of complainant with endorsement as refused by OP. Again notice was issued through courier service, Ex.C-10 receipt and Ex.C-11 courier Tracking Trace acknowledgment reveals that, notice was delivered on 15.07.2022 to the Op. Inspite of request through whatsapp messages and legal notice, Op did not provide the service. Even, Op did not appear before the Commission, inspite of service of notice and choose to file written version and documents and put forth his defence. Hence, the oral and documentary evidence of complainant has remained unchallenged by the Op. Thus, there is no reasons to disbelieve the case of the complainant. Therefore, Op has committed the deficiency of service.
11. For the above, the complainant has proved that, the Op has committed the deficiency of service and he is entitled for replacement of the new machine or refund of the amount of Rs.2,80,132/- with a liberty to Op to take back the previous machine installed. Complainant is claiming interest at the rate of 18 % p.a. which is on higher side. So, as per the rate of interest in the Nationalized Bank it is proper to award interest @ 9% p.a. from the date of installation on 23.05.2022 till realization. Complainant has suffered mental agony, therefore he is entitled for a sum of Rs.30,000/- for mental agony and Rs.15,000/- towards cost of litigation. Accordingly, we answer point No.1 in the affirmative and point No.2 in the partly affirmative.
12. Point No.3:- In the result, we proceed to pass the following:
ORDER
The complaint filed U/Sec.35 of the Consumer Protection Act, 2019 is hereby partly allowed.
The Op is directed to replace a new machine or refund the amount of Rs.2,80,132/- with interest at 9% p.a. since 23.05.2022 till realization and Op is at liberty to take back the previous machine installed.
Further, the complainant is entitled a sum of Rs.30,000/- towards mental agony and Rs.15,000/- towards cost of litigation.
Op is directed to comply the above, within two months from the date of this order.
Office is directed to send the copies of this order to the parties free of cost.
(Dictated to the Stenographer, directly on computer, corrected and then pronounced by us in the Open Commission on this 25th Day of
January-2023)
,
(Shri Raju N. Metri) (Shri. D.Y. Basapur) (Smt.Yashoda Bhaskar. Patil)
MEMBER PRESIDENT WOMAN MEMBER
-: ANNEXURE :-
EVIDENCE ON BEHALF OF COMPLAINANT/S:
PW-1: Sri. Sanjeev S. Chavaraddi.
DOCUMENTS ON BEHALF OF COMPLAINANT/S
Ex.C-1 : Copy of purchase order.
Ex.C-2 : Copies of whatsapp communication.
Ex.C-3 : Postal receipt.
Ex.C-4 to Ex.C-6 : Photos.
Ex.C-7: C.D.
Ex.C-8 : Legal notice.
Ex.C-9: Postal cover addressed to Op returned.
Ex.C-10: Professional courier receipt.
Ex.C-11: Track n Trace details.
EVIDENCE ON BEHALF OF OPs:
NIL
DOCUMENTS ON BEHALF OF OPs
NIL
(Shri Raju N. Metri) (Shri. D.Y. Basapur) (Smt.Yashoda Bhaskar. Patil)
MEMBER PRESIDENT WOMAN MEMBER
