SREE KAVYA PLASTICS Vs. AREMPEE INDUSTRIES

JUDGEMENT

(1.) -this is a complaint under Sec.17 read with Sec.12 of the Consumer Protection Act.

(2.) The complainant is a proprietary concern and the proprietrix is Mrs. Suguna Ravi. She has started this business to earn her livelihood by self-employment as she has been abandoned by her husband. She placed an order with the opposite party for the purchase of an Injection Moulding Machine for making plastic articles. The total price of the Machine is Rs.1,01,042/- including excise duty, sales tax etc. The machine was supplied on 25.12.92 but was found to be unworkable due to major manufacturing defects. The opposite party sent another Injection Moulding Machine on 7.5.93, but it was no better. It was also unworkable. In spite of repeated requests, the opposite party has not made the second machine serviceable or replaced it or refunded the price. The complainant filed O. P.471/93 on the file of this Commission for replacing the defective machine, without getting any legal assistance. It was not stated in the said complaint that the machine was purchased for earning her livelihood by means of self-employment The complainant subsequently engaged the services of a lawyer who advised the withdrawal of O. P.471/93 and file a fresh complaint. The said complaint was therefore withdrawn with an endorsement "complaint withdrawn with liberty to file a fresh complaint". Hence, this present complaint.

(3.) The relief asked for is replacement of the machine with a new one free from defects and to pay compensation in the sum of Rs.4,00,000/- for loss of business, Rs.1,00,000/- to mental pain and agony and Rs.81,277/- towards interest paid by the complainant to National Small Industries Development Corporation.