JUPITER PAPER And ALLIED INDUSTRY vs ELECTRO-PLAST AUTOMATIONS

THIS is a complaint under Section 17 read with Section 12 of the Consumer Protection Act.

THE complainant is a firm of partnership. It placed an order with the opposite party for the supply of a computer alongwith 4 items of accessories at a cost of Rs. 1,90,106/-. THE complainant paid a sum of Rs. 1,28,000/- by cheque. THEre was delay in supplying the machinery. Subsequently some items alone were delivered and the value of those items Rs. 64,232/-. THE opposite party demanded increased payment by 10%. Finally, the machinery was installed on 22.11.91. It carried warranty for a period of one year i.e. for the period from 22.11.91 to 22.11.92. THE system did not function from the very beginning. THE opposite party took back the printer for repairs and returned it on 8.4.92. Even thereafter it developed trouble. THE opposite party was called upon to rectify the defect and no steps were taken. A sum of Rs. 6,500/- was also paid by the complainant by a demand draft. THE machinery which has taken away by the opposite party has not been returned and the amount also not refunded. THE complainant has been put great hardship. It does not want the machineries or the accessories, because it is convinced that no useful purpose has been served. It has therefore filed this complaint for refund of the price amount with interest and damages. Notice was issued to the opposite party and it sent a letter dated 22.3.93 praying for a week''s time to present its case. A communication was sent to the opposite party under certificate of posting, informing the date of posting. The opposite party has remained absent and was set exparte.

Exs. A1 to A24 are marked. Proof affidavit filed on behalf of the complainant. The claim is proved.

IT is clearly established that the machinery supplied by the opposite party with a warranty of service for the period of one year has not worked properly and the opposite party has failed to rectify the same. This is not only a case of the supply of defective machinery but also of deficiency of service. The complainant is therefore entitled to maintain this application and claim compensation. According to the complainant no useful purpose will be served by getting back the machinery taken for repairs by the opposite party and it wants refund of the amount with interest. The contention of the complainant is acceptable and it is entitled to the refund of the sum of Rs. 1,90,106/- with interest thereon at 18% p.a. from 22.11.91 when the machine was first installed till repayment. The claim for loss on account of alternatice employment of printers to fulfull the pending orders and the loss due to non-acceptance of offers are not tenable. We are awarding a sum of Rs. 25,000/- for loss of reputation, mental agony and suffering.

IN the result, we order as follows : (1) The opposite party shall refund to the complainant the price amount Rs. 1,90,106/- with interest at 18% from 22.11.91 till realisation. (2) The opposite party shall also pay compensation in the sum of Rs. 25,000/- to the complainant. (3) The opposite party shall also pay cost of Rs. 1,000/- to the complainant. Complaint allowed with cost.