EAST INDIA CONSTRUCTION CO Vs. MODERN CONSULTANCY SERVICES

JUDGEMENT

(1.) In this case, we are considering the appeal Nos. 36 of 2004 and 125 of 2004. These appeals were filed against the order dated 23.12.2003 in CC No. 14 of 2003 of the State Commission, Jharkhand. Both these Appeals were heard together.

(2.) The State Consumer Disputes Redressal Commission, Jharkhand heard the matter in great detail and held that admittedly the machine was purchased for Rs. 15,37,000.00 in the month of Feb. 2003 and since then the machine started giving trouble and virtually remained non-functional. The complainant could not use the machine which remained idle till date, even though some repairs were done on temporary basis by the service engineers. In the circumstances aforesaid, the opposite parties are directed either remove the aforesaid defects and if necessary, replace the defective parts by new one and make the machine completely operational without any defects whatsoever. If the opposite parties fail to remove the defects within the time aforesaid, they will refund the entire amount of the machine to the tune of Rs. 15,37,000.00 within four weeks thereafter. Since the complainant has suffered mentally, physically and financially during the period in question, the complainant is entitled to a compensation as well as cost of litigation which are assessed at Rs. 50,000.00. In fine, the complainant petition is partly allowed to the extent indicated above.

(3.) Aggrieved and dissatisfied by the order -of State Commission M/s Telco Construction Equipment Co. Ltd., (hereinafter referred to as Telco) has come up in appeal to set aside this order and to dismiss the complaint whereas the East India Construction Co. (hereinafter referred to as Construction Co.) has come up in appeal seeking enhancement of the relief granted by directing the respondent to pay Rs. 65,56.000.00 alongwith 18% interest per annum till the date of realization. Case of the complainant :