Orissa

Cuttak

CC/1/2015

Ratnakar Nayak, Shah Nurshing Home - Complainant(s)

Versus

The Managing Director,The Medcrop - Opp.Party(s)

C Behera

19 Oct 2016

ORDER

                                                                

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.01/2015

 

1.        Shah Nursing Home,Old College Lane,

Nimchouri,P.S.Lalbag,Town/Dist:Cuttack.   

 

2.        Represented through Its. Authorized person

Mr. Ratnakar Nayak,

Shah Nursing Home,Old College Lane,

P.O:Chandinichowk,P.S.Lalbag,Town/Dist:Cuttack.                   … Complainants.

 

Vrs.

1.        The Managing Director,

The Medcrop, 42,Krishna Arcade,

Bajrakabati Road,PS:Badambadi,

                   Cuttack

 

2.        The Managing Director,

Vision Medicaid Equipments Pvt. Ltd.,

Survey No.139,At/PO:Tathawade,Tal Mulshi,

Pune-411033.                                                                                       … Opp. Parties.

 

Present:               Sri Dhruba Charan Barik,President.

Sri Bichitrananda Tripathy, Member.

Smt. Sarmistha Nath, Member.

 

Date of filing:   05.01.2015

Date of Order:  19.10.2016

 

For the complainant :      Sri C.Behera,Advocate & Associates..

For the O.Ps.               :     Sri L.Pradhan,Advocate & Associates.

 

Mr. Bichitra Nanda Tripathy, Member.

The complaint is against deficiency in service on the part of O.Ps.

1. Shortly the complaint is as follows:-

1. Shah Nursing Home, the complainant (represented through its authorized person) placed an order with O.P.1 for supply of one (01 No.) C.ARM Machine High Frequency (40 KHz) mobile C-arm with rotating enode X-Ray tube, 9” image intensifier, 100 F digital image memory and 2 Nos. 17” TFT Monitors as per technical specifications vide purchase order No.SNH/HEQ/02/14-15 dt.08.0.2014(marked as Annexure-3).
2. The order was accepted by O.P.1 on 08.06.2014 and the petitioner paid Rs.4,10,000/- vide money receipt No.227 dt.08.06.2014 and again paid Rs.4,10,000/- vide money receipt No.230 dt.11.08.2014 to O.P.1 towards cost of the instrument (such money receipts are marked as Annexure-4 & 4A)
3. The O.P.1 supplied the instrument to the complainant on 17.07.2014 vide chalan No.560 (marked as Annexure-5) and the O.P also raised an invoice vide No.600 dt.17.07.2014 for Rs.8,20,000/- against the above chalan No.560 dt.17.07.2014 (marked as Anenxure-6).
4. The Service Engineer of O.P.2 installed the above machine and issued installation report vide sl. No.169 of 22.07.2014 (marked as annexure-7) and also issued service report-cum-invoice vide No.413 dt.22.07.2014.(marked as Annedure-7A).
5. A guarantee card was also issued for such machine installed by the O.P.2 through its Service Engineer for the purpose (Marked as Annexure-8).
6. After installment of such machine the petitioner raised certain problems found at the time of functioning of the machine which was communicated to O.P.1 over telephone and also vide letter dt.25.7.2014 (marked as Annexure-9) which was attended by O.P.2 and O.P.1 on 22.08.2014.
7. On 17.09.2014, the petitioner noticed leakage of oil from the tube head – the matter was immediately informed to O.P.1, some officials of O.P.1 physically checked the situation and advised the petitioner to stop the function of the machine.  The matter was also  intimated to O.P.2 on the same day who advised to stop function of the said machine and the function of the machine was stopped w.e.f 17.09.2014 as advised by the O.Ps.
8. On 30.09.2014 the Engineer of O.P.2 and one technical person from O.P.1 visited the petitioner site and checked the machine.  They took out the tube head, imaging intensifier and memory card for repair and acknowledged the same vide their repot Sl. No.219 dt.30.9.2014 (marked as Annexure-10).
9. On 30.09.2014, the petitioner also requested the O.ps for early repair of the machine since he is incurring loss @ Rs.10.,000/- per day due to break down of such machine.(marked as Annexure-11).
10. On 14.10.2014, the petitioner sent E.Mail to O.P.1 (marked as Annexure-12), send E.Mail again on 22.10.14(marked as Annexure-13) and again on 26.10.14(marked as Annexure-14) and requested for repair of the said machine and O.P.1 replied to inform the petitioner as quick as possible after getting the reply from the company(O.P.2). (Marked as Annexure-15).
11. In spite of several letters and E.Mails, the O.Ps did not respond the request of the petitioner for which the O.Ps were served with legal notice on 4.11.2014 (marked as Annedure-16 & 16-A vide Regd. Post but it yielded no result.
12. Finding no other way, the petitioner filed this case with this Hon’ble Forum. He has prayed to direct the O.Ps to pay a sum of Rs.11,00,000/- towards loss incurred by the petitioner for breakdown of such machine, to realize the penalties and future interest as per admissible rate of interest, to remove the defective machine permanently or replace the machine or return the cost of the machine with interest, to pay a sum of Rs.10,000/- towards cost of the suit and Rs.5,00,000/- to be paid towards mental agony and unfair trade practice made by the O.Ps.

2. We have gone through the case in details and also perused the documents/papers minutely as  produced by the petitioner for the purpose and have observed as follows:

1. The machine become out of order on 17.09.2014 during the warranty period i.e. from 22.7.14 to 21.7.15.
2. Tube head, Image Intensifier and Memory etc. were taken by the O.Ps for repair on 30.09.2014.
3. Although one Vakalatnama was filed by the O.P.1 on 19.2.2015, both the O.Ps (1 & 2) have not attended the case properly nor filed any written statement even if several opportunities were given to them.  In such a situation, we are constrained to accept the statements given by the complainant as uncontroverted and also presume that the O.Ps have nothing to say further in their defense.

Basing on the facts and circumstances as stated above and to meet the ends of justice we allow the case against the O.Ps for deficiency in service.

                                                                         ORDER

                The O.Ps will refund a sum of Rs.8,20,.000/- to the petitioner towards the cost of the machine.  The O.ps will also take back the defective machine from the petitioner at their own cost.  O.Ps will pay interest @ 10% per annum from 30.09.2014 (the date on which the machine tube head, Image Intensifier and Memory etc. were taken for repair) till the date of final payment.  O.Ps will also pay a sum of Rs.10,000/- towards cost of the suit.  All above noted payments shall be made within a period of 45 days from the date of receipt of this order failing which the complainant is at liberty to take shelter of this Hon’ble Forum under C.P.Act,1986.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 19^th day of October, 2016 under the seal and signature of this Forum.

   (Sri B.N.Tripathy )

                                                                                                                    Member.

                                                                                                                 (Sri D.C.Barik)

                                                                                                                      President.

                                                                                                              (Smt. Sarmistha Nath) 

                                                                                                          Member(W).