GMMCO LTD Vs. ECOVINAL INTERNATIONAL PVT. LTD

JUDGEMENT

(1.) Complainant/Respondent purchased 250 KVA CAT Diesel Generator Set from the Petitioner at a total cost of Rs. 11,65,000 on 9.12.2005 with a warranty of one year. After purchase of the said generator set, Petitioner installed the same in the premises of the Respondent's plant at Kunigal. Within a period of a month or two, the D.G set started giving trouble. Complainant noticed the defects such as oil consumption of the engine was very high, engine hunting problem and fuel pressure gauge was burst. Respondent brought the said, defects to the notice of the Petitioner to rectify the same immediately or to replace the engine but all its efforts were in vain. Respondent issued a legal notice on 17.5.2006 which was not responded to by the Petitioner. Respondent thereafter filed the complaint before the District Forum. On admission and registration of the complaint, notices were sent to the Petitioner. In spite of service, Petitioner did not appear and was ordered to be proceeded ex parte.

(2.) Taking the facts stated in the complaint supported by the affidavit in evidence and other documents, District Forum allowed the complaint and directed the Petitioner to replace the defective 250 KVA CAT Diesel Generator Set with a new set within two months from the date of communication of the order failing which the Petitioner was directed to refund the purchase value of Rs. 11,50,000 together with interest @ 9% p.a. from January, 2006 till realization and also to pay litigation costs of Rs. 5,000. Petitioner was put at liberty to take back the defective D.G. set supplied by it to the Respondent.

(3.) Aggrieved by the order passed by the District Forum, Petitioner filed the appeal before the State Commission which has been dismissed by the impugned order. Petitioner took the plea before the State Commission that it did not contest the complaint because of the letter dated 15.9.2006 written by the Complainant which reads as under: