COINPAR vs BHARANI PUMPS

THIS appeal is directed against the order passed by the District Forum, Thiruvananthapuram in O.P. No. 30/96.

WE heard the Counsel for the appellant and the respondent. The case of the complainant is that he handed over the pump to the 2nd opposite party. That was denied by the opposite party in their version.

The District Forum passed an order directing the 2nd opposite party to take the pump set from the premises of the complainant, and repair it and reinstall it in the complainants premises free of cost and give a fresh guarantee for one year. Aggrieved by the said order this appeal has been preferred alongwith the appeal.

THE complainant has sent a notice to the 2nd opposite party through his Counsel which is dated 12.1.1995. THEre is an allegation in the said notice that the pump set was entrusted to the second opposite party. In reply to this the 2nd opposite party sent a notice through his Counsel where it is stated as follows. "Your allegation that the pump was delivered to my clients on 6.12.1994 and that Anayara Sasidharan accompanied your client is not true. THE pump was not entrusted to my client and my clients have not taken delivery of the same. If your client had unauthorisedly left it there without properly handing over the same and obtaining receipt or delivery note for the same, my client is not responsible".

From what is stated above it can be legitimately informed that the complainant had left the pump in the opposite party''s in possession of the same. The case of the complainant is that what was required was a pump having capacity to lift water to a height of 30 ft. from the bore well and that the pump supplied had no such capacity and that it is for this reason that the pump was not functioning. On this aspect there is no finding entered by the District Forum. We hold in the light of what is contained in the reply letter of 2nd opposite party that the pump is in the possession of the 2nd opposite party. The District Forum will consider the question whether the pump supplied was defective or sub-standard or does not answer the description of pump required by the complainant and pass a final order in the matter. The case of the complainant is that it cannot be rectified by way of repair. The District Forum had no occasion to get the pump examined by an expert. Now we have already held pump is with the 2nd opposite party. If necessary the District Forum may appoint a Commissioner to find out whether the pump is substandard and non functional or whether it has any manufacturing defect. The appeal is allowed and disposed of as above. The parties will appear before the District Forum, Thiruvananthapuram on 11.5.1998. Appeal disposed of.