(1.) The complainant purchased a weigh-bridge vide Invoice No.54 dated 29.3.1996 (Annexure CI) for Rs.5,05,000/- from respondent. It has further been alleged that in reality weigh-bridge was installed and made operational in August, 1996. Within one month of installation, it started giving trouble. The respondent was informed and it promised to provide service under warranty to repair the load cells, monitor etc. The engineer of the respondent Company inspected and made some adjustments and repairs on three occasions but the weigh-bridge failed to give proper service. One of the service voucher is Annexure C3. The complainant approached the respondent several times for affecting repairs but there has been no response. The main plea of the complainant is that, firstly the respondent does not have a valid licence to sell weigh-bridge under the statutory provisions. Secondly, he has not been able to get the stamping done on the weigh-bridge because this is a statutory requirement before using the weigh-bridge. As a result of this mandatory requirement the weigh-bridge has not been used. The complainant spent a sum of Rs.3,00,000/- on building the RCC platform for the weigh-bridge and this investment has become fruitless on account of deficiency in service on the part of the respondent. The complainant further alleged that he is compelled to avail weighing facility from outside and spent on labour and staff who had to travel around 3 to 5 kms. from the complainant's premises to get the trucks weighed which resulted in extra expenditure and decrease in efficiency. The respondent failed to provide adequate and proper service for repairs etc. even during the warranty period and failure to get stamping done etc. amounts to gross deficiency in service. The claim put forward in para 13 of the complainant is reproduced as under : (a) A sum of Rs.5,05,000/- being the cost of the weigh-bridge alongwith interest @ 18%. (b) A sum of Rs.3,00,000/- approx. spent on the RCC platform plus interest. (c) A sum of Rs.1,10,000/- approx. on account of the weighing charges incurred for weighing from outside sources. (d) A sum of Rs.1,50,000/-on account of loss of labour, decrease in efficiency, wastage of time and consequent decrease in turnover. (e) A sum of Rs.2,00,000/- on account of loss of goodwill and business reputation. (f) A sum of Rs.1,00,000/- as compensation for physical harassment and mental agony suffered by the officers of the complainant Company. (g) Deterrent damages be imposed on the opposite party to the tune of Rs.2,00,000/- for adopting unfair trade practice. Opposite party be also directed to stop the unfair trade practice in future. (h) Costs of Rs.11,000/- be awarded to the complainant. "
(2.) In a reply filed on behalf of the respondent it has been averred that the complaint is not admissible under the Consumer Protection Act, 1986 because the weigh-bridge is being used for commercial purposes. The warranty period of this weigh-bridge was only for a period of one year and it expired on 29.3.1997 and the present complaint instituted thereafter is not maintainable because the complainant is no longer entitled to repair free of charges. The weigh-bridge is installed at Dera Bassi which falls in the jurisdiction of District Patiala and the present complaint filed herein the Union Territory, Chandigarh Commission has no jurisdiction.
(3.) On merits it has been averred that the warranty was only for 12 months from the date of delivery and it expired on 29.3.1997. The weigh-bridge had become operational from 29.3.1996 itself. The first complaint was received on 27.8.1996 and four numbers shear beams load cells were replaced under the warranty. A delivery challan is Annexure R5. The complainant has not returned the old one though letter dated 30.8.1996, Annexure R6 was addressed to the complainant. Even after the expiry of warranty period the complainants received regarding defects, if any, were duly attended and the weigh- bridge remained functional throughout. It was necessary for the complainant firm to get the weigh-bridge stamped from the Weights and Measures Department after paying the necessary fees. There had been no deficiency on the part of the respondent firm. The last service was carried out on 8.11.1997 when one number Shear Beam Load Cell was replaced vide delivery challan (R- 23 ).