R K BAHL Vs. MEERA AND CO LIMITED

JUDGEMENT

(1.) This appeal is directed against the order dated 20.5.2003 by District Forum-II. U. T. , Chandigarh [for short, hereinafter, referred to as District Forum-II] in Complaint Case No.264 of 2000. The facts in brief are as under:

(2.) The appellant/complainant Mr. R. K. Bahl purchased one 15 K. V. A gen set and 15 K. V. A. alternator from respondent No.1/o. P. No.1 M/s. Meera and Co. Limited, SCO No.156-157, Sector 34-A, Chandigarh manufactured by Kirloskar Oil Engines Limited, Pune impleaded as O. P. No. II for Rs.1,05,000/-. The appellant/complainant has averred that gen set was purchased to be used in his residential premises and Bahl Laboratories situated in the same building at S. A. S. Nagar. On being commissioned on 21st Jan. , 2000 by O. P. No.1 it was found to be generating power on the lower side and O. P. No.1 on 27.1.2000 sent its representative to adjust the power generation. The generating set failed to generate requisite level of 15 K. V. A. when the authorized load was put on the generator. The complainant has averred that generator continued giving lower output and authorized representative of O. P.-1 made several visits to rectify the problem but the specified level of power generation could not be achieved and it continued to generate 8.1 K. V. A. as against the required level of 15 K. V. A. The appellant/complainant on being dissatisfied with the performance of gen set asked for the refund of money and since no action was taken by the O. P. No.1/respondent No.1 the legal notice was sent on 22.3.2000 and further on 30.3.2000 (Annexure C-5 ). The appellant/complainant has alleged that the O. P. No.1 is deliberately evading to supply 15 K. V. A. gen set, hence it is deficient in services rendered qua him and has prayed for a direction for refund of Rs.1,05,000/- with interest @ 18% or replace the gen set with 15 K. V. A. generator of Kirloskar make Engine RV2pg Engine BHP 18.7 electric start water cool diesel engine. In addition to above Rs 50,000/- for compensation and Rs.5,000/- towards costs of litigation has also been prayed for.

(3.) In reply filed by O. P. No.1, the preliminary objection the complainant not being a consumer since it was purchased by Bahl Laboratories which shows that it is for commercial purposes, hence the complainant cannot invoke the jurisdiction of Consumer Protection Redressal Agencies. Further, the gen set was supplied vide Invoice No.257 of manufacturing unit on 24.6.1998 with warranty for one year which expired on 23.6.1999, hence the complaint filed on 23.4.2000 cannot be entertained as it was after the expiry of warranty period. The plea of non-joinder of necessary parties namely M/s. Kirloskar Oil Engines Limited being the manufacturer not having been arrayed, the complaint is liable to be dismissed. On merits, the factum of purchase of gen set for the payment of Rs.1,05,000/- stands admitted. However, the answering O. P. has submitted that the gen set cannot be for self-employment as it is in the name of M/s. Bahl Laboratories. The respondent No.1/o. P. No.1 has submitted that warranty issued was by manufacturer M/s. Kirloskar Oil Engines Limited and the complainant has failed to place it on the record. The warranty starts from the date of purchase. In the instant case after the gen set was commissioned on 21.1.2000 in perfect condition, no defect was brought to the notice of the respondent/o. P. No.1. The generation of low voltage as alleged could have been due to wrong connection or mis-handling. The respondent has also averred that the complainant is trying to mislead as after commissioning the set the services of its Engineer were neither demanded nor provided. It is specifically denied in para 7 of the complaint and reiterated that no service engineer had ever visited the complainant for providing the services. It has further been submitted that the gen set as per specification of the complaint was supplied and though the warranty period of the same had expired as a gesture of goodwill it was commissioned on 21.1.2000 free of cost and at the time of commissioning, it was taking full load.