R.P. PROCESSING UNIT vs CHOWGOLE INDUSTRIES LTD

SRI S.K. Roy, Proprietor of the Complainant-firm lodged this complaint inter alia on the ground that he paid on 21.1.92 the sum of Rs.1,97,065/- for purchasing a copier machine from the opposite. The opposite party delivered and installed the Xerox machine at the site of the complainant on 315.1992. The complainant/petitioner installed the machine for earning his livelihood by way of self-employment at the remotest place at Mizoram but after installation the Xerox machine suffered from various defects and deficiency for which he could not earn anything from the said Xerox machine although he had incurred loan from the bank for purchase of the said Xerox machine.

THE complainant/petitioner made a written complaint to the opposite party by his letter dated 11.6.1992 requesting the opposite party to repair the Xerox machine in its workable condition but to no effect, ultimately the said machine ceased to function and could print any copies even after repairing. THE Banker of the complainant also made a similar request by its letter dated 16.7.1992 but that also met with no result. Under the circumstances the complainant prayed for refund of Rs. 1,97,065/- or to replace defective Xerox machine by a new one of the same make and in good condition. The opposite party contested the matter by filing written objection inter alia contended that it never gave any false representation in fact the canon Xerox machine needs no introduction.

It was stated by the opposite party that under an arrangement made between Chowgola Industries Limited and B.E.E. machines limited, the marketing and servicing of copier machines will be undertaken by B.E.E. Electrical Machines Limited. So the complainant being a dealer under the B.E.E. Electrical Machines Limited is not liable for repairing or replacing the Xerox machine to the complainant/petitioner.

ON such state of affairs the complainant/ petitioner added B.E.E. Electrical Machine Limited as party to the proceedings with the prayer to make liable both the opposite party jointly and/or severally. JUDGMENT Having heard the Ld. Counsels of both the parties and upon perusal of the materials on record we observe that there is no substance in the written statement filed on behalf of the opposite party No. 1 and argument advanced in its behalf although the opposite party No. 2 was added party to the proceeding but it did not file any written statement.

IT is very much clear that the Xerox machine purchased by the complainant/petitioner in payment of consideration is a defective one. Moreover the complainant/petitioner by way of taking loan from the bank had purchased the machines but due to the disorder condition of the Xerox machine supplied by the opposite parties from the beginning it could not earn a single farthing from the said Xerox machine. Consequently the complainant/petitioner had to pay regular interest on the bank loan obtained for purchasing the Xerox machine from the opposite parties for which he is entitled to get appropriate compensation. In view of above discussion we hold that they are guilty of deficiency in service inasmuch as that by supplying a defective Xerox machine it caused not only the financial loss to the complainant but it also caused him to suffer harassment, mental agony and torture for such a long period without taking any care of the complaint made by the complainant/petitioner to the opposite parties from time to time. Accordingly we award that the opposite parties shall refund 1,97,065/- on account of the value of the Xerox machine paid by the complainant/petitioner together with 18% interest from the date of payment until refund of the said sum of Rs. 1,97,065/- alternatively a fresh and new Xerox machine given by way of replacement of the said disorder machine within 15 days from the date of communication of the order and on interest at the rate of 18% on the said sum of Rs. 1,97,065/- effective from June, 1992 until replacement of the said Xerox machine to the complainant by way of compensation as the defective machine supplied remained idle during this period.

BOTH the opposite parties jointly shall meet up the liabilities of the complainant as aforesaid within 15 days from the date of communication of this order The parties will bear their respective cost. Complaint allowed.