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Judgment
DEFECTS in goods and deficiency in service are grievances of the complainant.
DESPITE valid service of notice sent by the Commission by registered post which has been received by the opp. parties, there is no appearance and no case has been stated before us. Case of complainant is that he is unemployed and on recommendation of District Industries Centre, he got loan from United Bank of India. It was assured that the machine which is a copier machine shall be supplied within four weeks of the payment. Payment was made on 30.11.1990. However, till 2.3.1991, the machine was not installed. Lastly, it was installed on 2.3.1991 which is clear from the installation report of the Kores Automatic Plain Paper Copier. A few days after installation, it went out of order and after notices were given, last one being 21.7.1991, Engineer of O.P. No.l came on 14.8.1991 and found the defects for which he prepared a service report, copy of which was handed over to the complainant. When the machine supplied was not brought to order, this complaint has been filed on 26.8.1991.
All the assertions are supported by documents. In absence of any statement contradicting the same, there is no reason why we should not accept the statement of the complainant. In the lawyer''s notice, claim of Rs. 18,000/- as damages has been made as follows : (i) Bank interest @ 14% for six months from 1.12.90 to 28.2.1991 and 26.4.1991 to 25.7.1991. (ii) House rent for six months. (iii) Operators and wages for six months. (iv) Loss of income (three months).
WE are satisfied that on amount of deficiency in service of opp. parties 1 to 3, complainant has suffered. Accordingly, a direction ought to be given that the machine which has been installed by opp. parties at Kendrapara shall be brought to working order within two months of the receipt of this order. A fresh guarantee for one year shall be furnished. In case the machine is not serviceable, a new machine shall be replaced by opp. parties 1 to 3 at their own cost without charging any differential price. Opposite parties 1 to 3 shall bear the entire bank interest payable by the complainant excepting for the period 1.3.1991 to 26.4.1991. Once a person seeking employment is deprived of such employment on account of deficiency in service, we direct that from 14.8.1991 till the date of the machine is brought to order, complainant shall be paid @ Rs. 1000/- P.M. With the aforesaid direction, the complaint is allowed. Complaint allowed.