(Delivered on 05/05/2022)

PER SHRI A. Z. KHWAJA, HON’BLE JUDICIAL  MEMBER.`

1.         Appellant Prakash Wamanrao Thakare resident  of Yavatmal has preferred the present  appeal seeking  enhancement in the amount  granted by the learned District Consumer Commission, Yavatmal in Consumer Complaint No. 394/2007, by which  the learned District Consumer Commission, Yavatmal had allowed the  complaint  by  judgment and order  dated 19/06/2008 and had directed  the respondent /O.P. to install  the jaw crusher  or in alternative  to pay sum of Rs. 10,69,999/- along with  interest  at the rate of 6% p.a.  to the complainant.

2.         Short facts leading to filing of the present complaint may be narrated as under,

            Complainant – Mr. Prakash  Thakare,  had for the  sake of his self employment  purchased  one jaw crusher and vibrating screen  (Stone Crusher) by taking loan from the bank but after purchasing  the machine  cracks  had developed in the metal body of the machine and said machine was  not  replaced by the O.Ps.  The complainant was required to get the machine repaired from the private sources and  had to incur huge expenses. The complainant was very much aggrieved by this attitude on the part of the O.Ps.  and alleged that there was  deficiency in service. The complainant thereafter filed the Consumer Complaint against the O.P.No. 1-Sudarshan Trading Corporation and O.P. No. 2- Mechtech Engineering , Baroda.

3.         After the complaint was filed due notices were issued to the O.P.Nos. 1&2 and thereafter evidence was also led by the complainant. The learned District Consumer Commission, Yavatmal thereafter partly allowed the complaint and gave direction to the O.P.Nos. 1&2 to install a new machine of the same model and same company or in alternative to pay sum of Rs. 10,69.999/- along with interest at that rate of 6% p.a. to the complainant.  The learned District Consumer Commission, Yavatmal also awarded a sum of Rs. 5,000/- in favour of the complainant for mental and physical harassment by judgment and order dated 19/06/2008. Appellant/complainant was not satisfied  with the said  order dated 19/06/2008 which was passed  in his favour  and has preferred  the present  appeal on the ground that  compensation  granted to the  appellant /complainant  was very meager. The complainant /appellant has alleged that  due to manufacturing defect in the machine he had suffered monetory  loss of more than  3,60,000/- but  the learned District Consumer Commission, Yavatmal has only awarded Rs. 5,000/- and  it was extremely inadequate. However, it is significant  to note  that the appellant /complainant  has not placed on record a single document  to show   as to how he had suffered  loss of Rs. 3.60.000/- in his business due to defect in the machine.  On the other hand we find that the learned District Consumer Commission, Yavatmal has awarded compensation after taking all aspects in to consideration and also directed the O.P.Nos. 1&2 not only to replace the machine but in case of failure to  pay huge amount of Rs.10,69,999/- as well as compensation of Rs. 5,000/- towards mental  and physical  harassment. We are therefore unable to accept  the submissions  made  by the  appellant /complainant  in appeal  filed by the complainant  and same  is devoid of any substance and so we pass the following order.

ORDER

i.          Appeal is hereby dismissed.

ii.          Appellant to bear his own costs as well as costs of the respondents.  

iii.         Copy of order be furnished to both the parties, free of cost.