M/S. PRAGATI ASSOCIATES Vs. RANJAN SHRIVASTAVA

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 05.04.2013, passed by the Chhattisgarh State Consumer Disputes Redressal Commission (for short 'the State Commission') in FA No. FA/12/315, "M/s Pragati Associates versus Ranjan Shrivastava," vide which the order dated 30.05.2012 passed by the District Consumer Disputes Redressal Forum, Raipur, allowing the consumer complaint in question was upheld and the said appeal was dismissed.

(2.) Brief facts of the case are that the complainant/respondent Ranjan Shrivastava had obtained loan from the Central Bank of India, under the "Prime Minister's Employment Generation Programme (PMEGP) Scheme" for Purchasing Automatic Plastic Moulding Machine and Automatic Dona Machine. He made payment of Rs. 3,50,000/- to the petitioner, M/s Pragati Associates, vide DD No. 04/00468 dated 1.3.2011. However, the petitioner returned an amount of Rs. 66,000/- in cash as discount to the complainant. It has been alleged that defective machines were supplied by the petitioner and the guarantee documents were not provided to the complainant. One of the machines developed defects 4 to 5 times and its production capacity was also low because of which the complainant could not pay back the instalments of loan to the Bank. The complainant spent a sum of Rs. 40,000/- for the repair of the machines, but the defects could not be removed. The petitioner had, therefore, committed deficiency in service towards the complainant. On the other hand, the case of the petitioner is that there was no guarantee/warranty involved in the supply of the said machines and hence he was not responsible for payment of any compensation if there were faults in the machines. The consumer complaint was filed by the respondent before the District Forum and the said District Forum vide their order dated 30.05.2012 allowed the said complaint and directed the petitioner to replace both the machines and also to pay a sum of Rs. 40,000/- as expenses for repairs including 6% annual simple interest, Rs. 10,000/- for mental harassment and Rs. 1,000/- as cost of litigation. An appeal against this order was dismissed by the State Commission by their order dated 05.04.2013. It is against this order that the present revision petition has been made.

(3.) At the time of hearing before us, the learned counsel for the petitioner has drawn our attention to a copy of the document with the heading "agreement", but in fact it is a statement of the complainant, in which he has stated that he has paid '3.5 lakh vide DD No. 772186 to Shri Kumar Verma, Proprietor Pragati Associates and he had taken a sum of Rs. 66,000/- back from Shri Kumar Verma. For the rest of the amount of '2.84 lakh, he had taken Dona Automatic Machine and Automatic Moulding Machine, including raw-material for both the machines and after that, there shall be no dealings between him and Shri Kumar Verma. In case any issue is raised in future, it shall be the responsibility of the complainant. The learned counsel has also drawn our attention to copy of the quotation dated 09.02.2011 in which the price of Automatic Moulding Machine has been mentioned as '2.80 lakh and that of Dona Machine as Rs. 70,000/- The learned counsel further stated that the complainant had given them the receipt-cum-satisfaction letter, after obtaining the two machines and stated very clearly that he was satisfied with the working of the machines. The learned counsel stated that since there was no guarantee for the machines, the petitioner was not liable for any compensation, if any fault is found in the machines later on. Moreover, as stated in the document relating to the repair of the machine received from Shri Plastics, Durg in which it has been stated that the machine had been repaired for Rs. 22,650/-, there was nothing mentioned that these were old machines. Learned counsel also stated that the complainant was not covered under the PMEGP Scheme and had wrongly taken advantage of the said scheme.