BHARATH EARTH MOVERS LIMITED Vs. N. THRIVIKRAMAN POTTY

JUDGEMENT

(1.) This appeal has been filed by the appellant M/s. Bharath Earth Movers Ltd. (BEML) against the order dated 31.07.2015 of the State Consumer Disputes Redressal Commission, Kerala, ( in short 'the State Commission') passed in CC No.36 of 2011.

(2.) The brief facts of the case are that the complainant/respondent No.1 is the proprietor of Surya Associates. It carries infrastructure work for many companies in India. For official work, complainant needed two numbers of BE-200 and one number of BE-200 excavators to carry out work at Chennai port and Goa Shipyard respectively. So he contacted opposite party No.3/respondent No.2, who was dealer for opposite parties/appellant. Opposite parties were manufacturers of excavators. It was informed to the complainant that the excavators and all its part had a guarantee of 1 year. One excavator was delivered to the Chennai Port on 7.5.2009 by the opposite party. An amount of Rs.20,00,000/- was paid to the opposite party No.3/respondent No.2. On 28.5.2009, the so called excavator had a problem. It was rectified by the opposite party. On 26.6.2009, it was recorded in the service report by the opposite party, that due to poor performance of the engine the machine was taken back. All the opposite parties admitted the defect in the excavator but no action was taken by any one of them to rectify the grievance of the complainant. Aggrieved the complainant filed a consumer complaint CC No.36 of 2011 in the Kerala State Consumer Disputes Redressal Commission, Thiruvananthpuram. It was alleged that the act of opposite parties amounted to deficiency in service and unfair trade practices. On the other hand, opposite parties No.1 & 2/ appellant pleaded that the excavator worked only for 156 hours and in that short span, one cannot come to the conclusion that it is a defective one. Opposite party No.3/respondent pleaded that it took the money from the complainant and forwarded it to the other parties. He was not liable as he was only dealer.

(3.) The State Commission vide its order dated 31.07.2015 passed the following:-