Jharkhand

Bokaro

CC/96/2022

Manish Gupta - Complainant(s)

Versus

S.K. Engineers - Opp.Party(s)

Pushpanjali Kumari

28 Jun 2023

ORDER

District Consumer Disputes Redressal Commission, Bokaro

Date of Filing-06-06-2022

Date of final hearing-28-06-2023

 Date of Order-28-06-2023

Case No. 96/2022

Manish Gupta S/o Ganesh Gupta

 R/o Main Road, Kathara, P.O.- Kathara, District- Bokaro, Jharkhand 

                                      Vrs.

S.K. Engineers, Katrash Road, Dhanbad, Jharkhand 826001

Present:-

                             Shri Jai Prakash Narayan Pandey, President

                  Smt. Baby Kumari, Member

PER- J.P.N Pandey, President

-:Order:-

1. Complainant’s case in brief is that he purchased Lathe Machine on 27.12.2021 on Rs. 2,25,000/- from O.P. S.K. Engineers, Katras Road, Dhanbad for which there was talk on 02.11.2021, accordingly payment was made on different dates from 03.11.2021 to 27.12.2021 amongst which Rs. 51,000/- was paid in cash and rest of the amount was paid through UPI transfer. Further case is that O.P. handed over the E-way bill and tax invoice to the father of complainant on which ‘Product HSN/ACS-8459 was found written and it was signed by the O.P. On installation machine was not working hence request was made with the O.P. for repair  whose technician arrived on 05.03.2022 and repaired the machine saying that it is properly working but machine was not working properly, hence again complain was made with the O.P. who replied that he will not repair the machine. Said machine was installed for livelihood of the complainant but due to malfunction of the machine complainant suffered a lot causing loss and deficiency in service. Further case is that complainant served legal notice dt. 06.04.2022 to the O.P. which was replied by the O.P. on 14.04.2022 who replied to cooperate in repair of the machine but refused to take back the machine. Hence this case  has been filed with prayer to direct the O.P. to pay Rs. 2,25,000/- the price of the machine, Rs. 50,000/- as compensation and Rs. 15,000/- as litigation cost.
2. O.P. has filed W.S. in which he has admitted almost all the facts of the complaint petition except the fact related to payment of Rs. 25,000/-. He admitted that the fact regarding sale of the Lathe Machine for Rs. 2,25,000/-, payment of Rs. 2,00,000/- by the complainant as mentioned at para 11 of the W.S., delivery of the machine issuance of E-way bill and tax invoice in which product HSN/ACS = 8459 has been mentioned have also been admitted. He has also admitted the fact that complainant raised complaint regarding the machine and on his request this O.P. has called service Engineer from Punjab on his own cost to completely repair the machine at the satisfaction of the complainant. Only he has raised grievance that Rs. 25,000/- is due with the complainant. However, he has mentioned at para 13 of the W.S. that this O.P. is always ready to cooperate the complainant in all manner including further repairing if requires at his cost during the period of warranty to keep alive the sweet relationship with the complainant.
3. Now, question for determination is whether complainant is entitled to get relief as claimed ?
4. Since most of the facts related to the case have been admitted by the O.P. and only he has challenged the payment of Rs. 25,000/- about which it is said by the complainant that it has already been paid to which O.P. is denying hence this point is to be decided by this Commission for decision in the matter. On this aspect as per Annexure-C O.P. has provided details of his bank account and Paytm etc. on 02.11.2021 and accordingly complainant has made payment by transfer of Rs. 49,000/- on 03.11.2021 through UPI, Rs. 50,000/- on 14.12.2021 and Rs. 50,000/- on 14.12.2021 and Rs. 25,000/- on 26.12.2021 through UPI on same UPI ID of the complainant about which complainant has given evidence on affidavit along with Annexurs regarding payment to the O.P. which show that on the UPI ID related to mobile No. 9798139639 all the transactions have been made by the complainant and according to Annexure-F/3 Rs. 25,000/- has been paid to the O.P. on 26.12.2021 at 06:40 P.M.  The complainant’s witness has not been cross-examined by the O.P. in this way the evidence of the complainant on payment of Rs. 2,25,000/- to the O.P. is intact and unchallenged. Therefore, we are of the view that complainant has proved the fact that he has paid Rs. 2,25,000/- to the O.P. before delivery of the Lathe Machine. Therefore, we are of the view that rest of the Rs. 25,000/- has already been paid by the complainant has been well proved by him.  It is admitted fact that Lathe Machine was not properly functional for which O.P. has provided Engineers about whom it is said by the O.P. that those Engineers have removed the defects and repaired the machine to the satisfaction of the complainant but it appears that there is no any evidence on this regard by the O.P.
5. Therefore, in light of above discussion we are of the view that there is deficiency in service by the O.P. and complainant is entitled to get relief in the following manner.

Accordingly prayer of the complainant is being allowed in the following manner:-

O.P. is directed to repair the Lathe Machine supplied to the complainant within 30 days from receipt/production of copy of this order and repair must be to the satisfaction of the complainant with certificate of the competent Engineer that said machine is properly functioning.

In case O.P. fails to comply above order then he will take back the Lathe Machine from the complainant and will return Rs. 2,25,000/- to the complainant within further 60 days, failing which he shall pay interest on that very amount @ 10% per annum from 06.06.2022 (the date on which case was filed) and he shall also pay Rs. 10,000/- as compensation and Rs. 5000/- as litigation cost to the complainant within above mentioned period.

 

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(J.P.N. Pandey)

                                                                                      President

                                                                            

                   S/d

                                                                               (Baby Kumari)

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