ORDER

Suresh Chandra, Member - Shri Mallapa Sangappa Mantri who is respondent No. 1 herein was the original complainant. He purchased a JCB machine manufactured by the petitioner company/OP No. 2 from M/s. Aishwarya Earthmovers, Hubli, Karnataka who was OP No. 1. The said JCB machine was used for excavation work but it is alleged that the machine could not work properly to excavate the earth and while doing the excavation, its teeth were broken and even after welding the same it could not work properly. The problem was intimated to OP No. 1 who did not take any steps nor replaced the spare parts. According to the complainant, there was oil leakage, slow function of hydraulic pump, improper setting of rear bucket in the dipper nose and few other defects in the machine. The said defects were noticed during the warranty period and, therefore, the OPs/petitioners were liable to carry out the repairs free of cost. However, when in spite of repeated requests and demands, the same were not attended to by the OPs, a consumer complaint came to be filed before the District Forum , Belgaum alleging deficiency in service. On notice, the OPs filed their written statement before the District Foru