M/S. MONARCH INNOVATIVE TECHNOLOGIES PVT. LTD. THROUGH ITS AUTHORISED REPRESENTATIVE, MR. SACHIN MAGANLAL SARAIYAM HAVING ITS OFFICE AT UNIT NIO. 3A, AND 3B, 1ST FLOOR, MASTER MIND II, ROYAL PALMS, AAREY COLONY, GOREGAON, (EAST) MUMBAI Vs. MANOJ KRISHNA THAKUR HAVING HIS ADDRESS AT ROOM NO. 1386, AT BELPADA, POST

JUDGEMENT

(1.) The complainant/respondent purchased a Twister P.C. machine from the petitioner company for being used in his photo studio and digital laboratory. The machine was delivered to him on 25.11.2009. The complainant made a down payment of Rs.1,00,000.00 and the balance payment was agreed to be made in instalments. The case of the complainant / respondent is that during the demonstration on Video shooting at the time of delivery itself, he noticed some problems and therefore, the petitioner replaced part worth Rs.15,000.00, issuing a receipt to him in this regard. This is also the case of the complainant/respondent that on inspection of the Twister P.C., some more defects were found and the defective parts were replaced by the petitioner company. The machine, according to the complainant, did not function smoothly even thereafter. The complainant therefore, approached the concerned District Forum by way of a consumer complaint, seeking refund of the amount of Rs.2,02,897/- which he had paid to the petitioner company, along with compensation and cost of litigation.

(2.) The complaint was resisted by the petitioner company, which denied any defect in the Twister P.C. sold to the complainant. It was stated in the reply that there was no defect in the machine at the time it was installed and a declaration referring to the amount of Rs.15,000.00 was issued to the complainant, on his request, for tax purposes and for being used in transit.

(3.) The District Forum vide its order dated 01.1.2015 allowed the complaint and directed the petitioner company to refund the price paid by the complainant, along with compensation quantified at Rs.1,00,000.00