SHREYA ENTERPRISES Vs. BISWAJIT ROY

JUDGEMENT

(1.) This appeal has arisen out of the judgment passed by the District Forum, Howrah, dated 24.7.2002. The facts of the case in brief are stated hereunder.

(2.) The complainant is the owner of the business of M/s. Himadri Impex at Andul Road, Howrah. He informed the O. P. by a letter dated 23.11.1998 for purchasing of a 3 H. P. A. C. motor of 440 volt with mechanical speed drive. The O. P. demanded Rs.70,000/- as consideration. After the said payment the O. P. supplied a 2 H. P. motor 1425 R. P. M.440 volt AC/t. EC type instead of 3 H. P. on 16.6.2000. Moreover the said machine was a defective one. The complainant requested the O. P. for several times to deliver a new and defect free machine of 3 H. P. But the O. P. did not take any step for replacement of the same. For this reason the complainant was compelled to take step for repairing it for his daily need and an expenditure of Rs.5,285/- was incurred for replacement of the defective parts of the machine excluding the repairing charge. Since delivery the machine did not work. The complainant could not start his business for his livelihood. For this reason, the complainant suffered mental anxiety, agony as well as deterioration of economic condition. Thereafter, the complainant filed a complaint before the Forum praying for a direction upon the O. P. for supply of a new 3 H. P. machine as per the quotation submitted by him to the O. P. The complainant also prayed for compensation, cost, repairing charges etc.

(3.) The case was contested by the O. P. In its written version several grounds were taken against the complaint petition by the O. P. , but most of them were dismissed by the Forum. The Forum directed the O. P.-Shreya Enterprises to refund the consideration money along with 12% interest from 25.8.2000 up to the date of actual payment. It further directed the O. P. to pay a sum of Rs.2,000/- to the complainant only for causing mental agony and harassment by supplying a non-workable defective machine. The Forum also gave a direction to the O. P. to comply with the order within a period of 30 days from the date of delivery of the order, failing which the complainant would be at liberty to get the desired relief by putting the order in execution.