KRISHNA ENGINEERING COMPANY Vs. GENINS TOOLS SOLUTIONS

JUDGEMENT

(1.) This revision challenges the order dated 22.01.2015 of the Gujarat State Consumer Disputes Redressal Commission Ahmedabad ('the State Commission') in Appeal no. 324 of 2014.

(2.) Mr Chirag Mahendrabhai Patel owner of Krishna Engineering Company petitioner does the job work on the CNC Machines using computer software with his father Mr Mahendra Patel for self-employment. To run the CNC Machine the petitioner was in need of a licenced version of computer software and good company machine tools. For this the petitioner met the respondent company partner Mr Shibu Bhaskaran. The respondent recommended the purchase the 'Hyper Mill' software and its relevant machine tools. He further assured that full training would be given from the company engineers with regard to operation of the software. The petitioner purchased the said 'Hyper Mill' software from the respondent company and paid Rs.51,000/- at the time of placement of order by cheque and Rs.7,59,793/- was paid by cheque of Cosmos Bank on September 2011. The said 'Hyper Mill' software was installed at the petitioner's place. The petitioner's computer developed a glitch and so the petitioner requested the respondent not to send the engineers for training for 10-15 days. After 15 days, the said machine was repaired and the respondent no. 1 sent technicians and training was given for 1-2 days, thereafter they did not turn up for giving the remaining training.

(3.) On repeated messages, the respondent did not send Mr Jignesh Chikhalikar or Vipul Panchal and hence, the petitioner could not utilise the purchased software. After becoming tired and unwillingly a new software "master chem" software was purchased at a cost of Rs.3,80,000/-. The petitioner repeatedly had requested the respondent for completing the training but did not care and did not give the training. Hence, the respondent has committed deficiency in service.