Noida: A consumer commission has directed a technology firm to refund Rs 80,000 with interest and a penalty of Rs 10,000 to an Allahabad-based entrepreneur who had purchased a paper plate-making machine about nine years ago. He alleged that the machine never functioned properly.The entrepreneur, Shiv Prasad Vishwakarma, had bought the machine on May 1, 2017 along with the raw material and other accessories. He paid nearly Rs 2 lakh to Shrinath Ji Engineering. “Shortly after, the machine developed some technical snag,” he told the district consumer disputes redressal commission while filing a complaint against the firm on April 2, 2018.Vishwakarma told the panel that he had written to the company about the snag on many occasions but it neither resolved the issue nor compensated him. He then sent a legal notice through his lawyer but the company did not respond.Instead, the firm filed a counterclaim. The company’s counsel told the commission that Vishwakarma had purchased a semi-automatic thermocol plate-making machine that was in working condition. Moreover, he received thorough training from a technician.“The warranty was for the motor, not the machine itself. Each time Vishwakarma filed a complaint, the company would send a technician to resolve the issue and demonstrate operation. It satisfied him. Seven months later, he filed a fresh complaint, which was not covered by the warranty,” he said, claiming that Vishwakarma was making a false allegation.A panel of commission president Anil Kumar Pundir and member Anju Sharma noted the defendant had repeatedly sent technicians to repair the entrepreneur’s machine and yet it continued to break down. “The firm has not provided any evidence to show that the guarantee was for the motor and not for the machine while Vishwakarma has provided all the evidence. Therefore, the repeated breakdowns, which the engineering company was unable to repair, constitute a deficiency in their service,” the commission said.On June 12, the panel ruled that the company should pay the amount with interest calculated at 6% per annum from the date of filing of the complaint in 2018 till the final payment is made. “The company should also pay the complainant Rs 5,000 for mental anguish and Rs 5,000 for litigation expenses within 30 days,” they said.
