TRANSASIA BIO-MEDICALS LTD Vs. D. J. DESOUZA

JUDGEMENT

(1.) The respondent is absent despite service. The learned counsel for the respondent submits that a sum of Rs.10,000/- has already been paid to him and despite accepting the same he has not turned up. He be proceeded against ex parte. The counsel for the petitioner heard at length.

(2.) On 4th December, 2001, Dr. D. J. De Souza, complainant/respondent had purchased a Erba Chem 5 Plus auto analyzer, 2001 model (No. 103741) for a sum of Rs.1,35,800/-. The same was installed on the same day. The complainant noticed that the second auto analyzer was not functioning properly and brought this fact to the notice of the petitioner-Engineer on or about 19.10.2001 i.e. within 15 days of the purchase of the machine. The complainant also wrote a letter to the petitioner that second auto analyser was defective specially in the kinetic mode. The complainant asked for the replacement or in the alternative, he would approach the consumer forum by 31.10.2001. Vide letter dated 16.11.2001, the complainant wrote to the petitioner that he was not interested in having the said defective instrument in his laboratory nor he was interested in having a replacement of the same. He required the petitioner to return his amount in the sum of Rs.1,35,800/- lakh.

(3.) On 20.12.2001, the petitioner filed a complaint before the District Forum. The District Forum allowed the complaint. The opposite party was directed to refund Rs.1,35,800/- being the purchase price of the medical instrument with interest @12% from the date of its purchase till actual payment. The opposite party was further directed to pay to the complainant consolidated amount of Rs.10,000/- as compensation/damages on the ground of mental tension, anxiety, loss of professional income, inconvenience and hardship suffered by the complainant.