ORDER

This appeal has been filed by the appellant M/s. Bharath Earth Movers Ltd. (BEML) against the order dated 31.07.2015 of the State Consumer Disputes Redressal Commission, Kerala, ( in short ‘the State Commission’) passed in CC No.36 of 2011.

2. The brief facts of the case are that the complainant/respondent No.1 is the proprietor of Surya Associates. It carries infrastructure work for many companies in India. For official work, complainant needed two numbers of BE-200 and one number of BE-200 excavators to carry out work at Chennai port and Goa Shipyard respectively. So he contacted opposite party No.3/respondent No.2, who was dealer for opposite parties/appellant. Opposite parties were manufacturers of excavators. It was informed to the complainant that the excavators and all its part had a guarantee of 1 year. One excavator was delivered to the Chennai Port on 7.5.2009 by the opposite party. An amount of Rs.20,00,000/- was paid to the opposite party No.3/respondent No.2. On 28.5.2009, the so called excavator had a problem. It was rectified by the opposite party. On 26.6.2009, it was recorded in the service report by the opposite party, that due to poor performance of the eng