C.V.JAYAKUMAR Vs. SUKUMARAN

JUDGEMENT

(1.) AGGRIEVED by the order dated 3.12.1999, the complainant in OP 86/99 on the file of CDRF, Thrissur has preferred this appeal against the directions of the Forum to the opposite parties to repair/rectify the defects of the machinery by replacement of the defective parts and handover the same to complainant in a serviceable condition, and to pay Rs. 2,500 as compensation for the financial loss and inconvenience along with cost of Rs. 1,000.

(2.) THE grievances voiced in the complaint are that the complainant has purchased a fully Automatic Plunger Type horizontal Plastic injection moulding machine with accessories from the opposite parties on 25.2.1998 by paying a sum of Rs. 4,70,000 and that after the installation of the same the machinery did not function properly from that date of functioning of the unit on 7.8.1998. It is alleged that though he had enough orders from various firms he could not execute the orders because of the defects in the machinery and in spite of repeated requests to the opposite parties to rectify the defects, the same were not done and so such the complaint was filed praying for directions to the opposite parties to compensate the loss of Rs. 2,25,000 with 18% interest from 7.8.1998.

(3.) THE 1st opposite party entered appearance and filed version wherein it was contended that there was no deficiency of service or unfair trade practice in supplying the machinery and that the machinery was installed to the full satisfaction of the complainant. It was also contended that the complaints was filed without any bona fides and once the goods were delivered at the site of the petitioner, the contract is concluded and thus the opposite parties had nothing to do further. However it was submitted that the opposite parties were ready to repair and make the machinery in excellent working condition if the complainant supplies the parts of the machinery which are found to be defective.