N S PALANISAMY Vs. SREE SABARI INDUSTRIES

JUDGEMENT

(1.) PRESENT petitions have been filed by petitioner/complainant under Section 21 of the Consumer Protection Act, 1986 (for short, 'Act') challenging order dated 30.11.2010, passed by State Consumer Disputes Redressal Commission, Chennai (for short, 'State Commission') in (F.A. No.243/2007 and 287 of 2007), whereby it dismissed petitioner's appeal (F.A. No.243 of 2007) and allowed respondent/OPs appeal (F.A. No.287 of 2007).

(2.) PETITIONER purchased four power looms from the respondent for an amount of Rs.1,88,308/ - by obtaining a loan from the Avinashi Primary Land Development Bank Ltd. As per the agreed terms, respondent had to erect the said machines at his cost in the premises of the petitioner. Respondent had also received additional charges of Rs.13,050/ - on 9.4.1999 towards fitting charges and issued a receipt for the same. Respondent is bound to return the double cost of fitting charges i.e. Rs.26,100/ - which he unlawfully received from the petitioner. From the date of erection, above said machines are not working due to incomplete finishing. Petitioner sent a legal notice to the respondent calling upon him to rectify the defects and to pay the compensation. Thereafter, petitioner filed complaint before the District Consumer Disputes Redressal Forum, Coimbatore (for short, 'District Forum')

(3.) RESPONDENT was proceeded ex parte after service of the notice.