IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Friday the 11th day of October, 2019.
Filed on 10-12-2018
Present
- Sri.E.M. Muhammed Ibrahim, B.A,LLM (President)
2. Smt. Sholly.P.R. LLB (Member)
3. C.K. Lekhamma .LLB(Member)
In
CC/No.318/2018
between
Complainant:- Opposite parties:-
Smt. Sreelatha.S 1. The Propreitor
W/o Saji Printo CNC Manufacturing Company,
Mainappillil, Pathiyookkala muri Off 132/4, King Avanue
Keerikkad.P.O, Pathiyoor Village Thiruppur Main Road
Alappuzha, Kerala Modachur, Gobi-638576
Erode District, Tamil Nadu,
O R D E R
C.K.LEKHAMMA(MEMBER)
Averments in the complaint stated in brief as follows:-
On 6-4-2017 the complainant purchased two CNC machines namely CNC P-FWSO-1325M worth Rs.7,00,000/- and CNC LATHE PXLW -2030D worth Rs. 8,00,000/- respectively from the opposite party for wood designing and curving. At the time of installing the machines by the opposite party’s staffs, the machine CNC Lathe PXLW-2030D was not properly installed. The complainant paid extra Rs. 1 lakh to opposite party for its installation including its stabilizer. Moreover without the consent of the complainant, the technicians of the opposite party squarely cut off front side of the machine for fixing manual liver for its functioning. There after the machine was not properly functioned. The unskilled and untrained technicians of the opposite parties utterly failed to repair the same in several times. The complainant alleged that the opposite party converted the machine as manually formatting machine which is against the order for machine. The petitioner requested several time to replace machine or otherwise return its price and compensation but the opposite party evaded from their liability. Hence the complainant approaches this Forum seeking compensation against the opposite party under different heads.
2. Opposite party remain exparte after the receipt of Notice. Complainant filed proof affidavit in lieu of chief examination and got marked as Exts. A1 to A4 documents. We have heard the complainant.
3. Points for consideration are:-
1. Whether there is any deficiency in service on the part of the opposite party?
2. Whether the complainant is entitled to get compensation if so what would be
the quantum of compensation?
3. Reliefs and Costs?
4. Points No,1 and 2:-
According to the complainant at the time of installing itself the CNC LATHE PXLW-2030D machine was not properly installed and the same was not properly functioning from the very beginning. Since the unqualified and untrained technicians of the opposite party failed to rectify the defects point out in several times. Ext.A1 Tax Invoice evidence for the transaction between the complainant and the opposite party and the complainant has paid Rs.80,0000/- for the price of the disputed machine. It can be seen that contrary to the attractive offers made out by the opposite party in Ext.A1 terms and conditions, the damages sustained to the complainant due to the non functioning of the equipment in question. In the above circumstance we found that the machine is suffering from manufacturing defect. Ext.A2 series of the Electricity Bills shows that the disputed machine is not working otherwise the bill amount would have been high. It appears that as per Ext.A4 E-mail complaint (4 in numbers) by the complainant to the opposite party No.1, but did not respond it, Moreover, the opposite party did not care to appear in the Forum. There is no contrary evidence before us to disbelieve the case of the complainant. Hence we found that opposite party has committed deficiency in service. It seems that the complainant did not get any benefit out of the machine in question. Even if the matter is being so there is no evidence on record to prove the quantum of damages sustained by the complainant. Hence we are considering the mental agony and damages sustained to the complainant and fix the compensation as Rs.25,000/- Moreover the opposite party is liable to replace the machine under dispute with fresh warranty. And the opposite party is liable pay litigation costs to the complainant because the adamant approach of the opposite party has forced the complainant to file this complaint.
In this view of the above matter, we allow this complaint and direct that
(i) The opposite party shall replace the machine in question with a new one of the same price and brand with fresh warranty and install the same at the cost of the opposite party. If so the opposite party can dismantle and take back the machine in question. Failing which the complainant is entitle to realize cost of the machine amounting to Rs.8,00,000/- with interest @ of 12% per annum from the date of purchase of the disputed machine.
(ii) The opposite party shall pay Rs. 25,000/- by way of compensation and Rs. 5000/- towards costs of the proceedings to the complainant. The above amounts shall carry interest at the rate of 12% per annum from the date fixed for compliance of this order till realization.
The above order shall be complied within a period of one month from the date of receipt of copy of the order.
Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Forum on this the 11th day of October , 2019.
Sd/- Smt. C.K.Lekhamma (Member)
Sd/-Sri.E.M. Muhammed Ibrahim (President)
Sd/- Smt. Sholly.P.R(Member)
Appendix:-Evidence of the complainant:-
Ext.A1 - Original Invoice cum Delivery Challan, Dtd. 06/04/2017.
Ext.A2 - KSEB Demand cum Disconnection Notice (24Nos)
Ext.A3 - Photographs (5Nos)
Ext.A4 - Copy of E-mails(4 copy).
Evidence of the opposite parties:- Nil
// True Copy //
To
Complainant/Oppo. party/S.F.
By Order
Senior Superintendent
Typed by:- Br/-
Compared by:-
