Coimbatore: In a case filed by a consumer against a metal works industry functioning at Coimbatore, the consumer disputes redressal commission has ordered the proprietor to pay compensation to the affected consumer.
Coimbatore: In a case filed by a consumer against a metal works industry functioning at Coimbatore, the consumer disputes redressal commission has ordered the proprietor to pay compensation to the affected consumer.
Vimal Kumar is a Proprietor of J.V.S.Agro Products, inThiruvallur. He contacted Sri Krishnasamy Metal Works, functioning at Ganapathy, Coimbatore which is represented by Arul Prakash who is the proprietor. Vimal Kumar showed interest to purchase machines for setting up pure vaagai marachekku oil Business under the 'NEEDS SCHEME' fornew entrepreneurs with subsidy from the Central Government. In November 2018 November, he transferred Rs.9,61,527/- to Sri Krishnasamy Metal Works from his Loan Account. The sales invoice was made on December 17, 2018.
Three oiling machines with automatic motors and two oil Milling machines with manual motors were purchased. The industry appointed a person to assemble the oil milling machines and to ensure its working condition. Right at the beginning, the three oil milling machines with motor capacity of 20 kg were found defective by the employee of the J.V.S.Agro Products since the wooden milling chamber and the plunger did not fit in due to variation in sizes. The employee took photographs of the same and sent it to Udaya Kumar who works as a manager for J.V.S.Agro Products. The plungers were crushed to pieces and photographs of the damaged plungers and defective machine parts were taken by the employee.
A series of attempts were made with Sri Krishnasamy Metal Works to replace the damaged and defective parts and after protracted communications one plunger alone was replaced on 31/12/2018 without delivery memo and bill. The delivered plunger was also not made of ripened wood and hence it broke immediately after fixation to the milling chamber. The second plunger was replaced on 10/04/2019 and the same was received through KPN Parcel Service and the third plunger was also replaced on 23/07/2019 through M/s ABT Parcel Service without bill. Even though the plungers were replaced by the opposite party, the machines suffered from defective functioning. Vimal Kumar's livelihood depended on the income from this business and due to supply of defective machines by Sri Krishnasamy Metal Works, he incurred heavy losses.
On 24/08/2019 he wrote to the opposite party (Sri Krishnasamy Metal Works) and was assured of replacement but to no avail. Hence on 13/09/2019, he sent a legal notice through his counsel for repayment of the cost of three defective machines within 15 days. The opposite party had replied to the notice vide reply dated 30/09/2019 duly received on 05/10/2019 wherein the opposite party had denied all the averments and even did not admit to appointing the assembling persons and suppressed the replacement of plungers on different dates. Upset about this, Vimal Kumar filed a case in the consumer court, in which president A.P. Balachandran and member, S.Saraswathi pronounced an order recently. They have directed the opposite party to pay Rs 6,42,000 being the cost of three defective machines with interest rate of 9% per annum and after getting the amount, the complainant may return the 3 defective machines.
The opposite party was directed to pay Rs 75,000 to the complainant as compensation towards mental agony and suffering along with an interest at the rate of 9% p.a. from the date of complaint till realization and also to pay a sum of Rs.3,000 towards the cost of litigation. The above amount is to be paid within a period of two months.