ORDER

Challenge in this Revision Petition is to the Order dated 08.02.2008 passed by the Bihar State Consumer Disputes Redressal Commission at Patna (hereinafter referred to as ‘the State Commission’) in First Appeal No.582 / 2006, whereby the State Commission allowed the Appeal filed by the Kores (India) Limited (hereinafter referred to as the Respondent Company) by setting aside the Order dated 22.06.2006 passed by the District Consumer Disputes Redressal Forum, Bhagalpur (hereinafter referred to as ‘the District Forum’) by which the District Forum had allowed the Complaint.

2. The Revision Petition pertains to the year 2008. The Revision Petition was dismissed in default on 05.04.2017. M.A. No. 168 of 2017 for restoration was filed. The Revision Petition was restored to its original number vide Order dated 15.06.2017.

3. Concisely narrated, the facts leading to the filing of the Complaint are that the Rajesh Kumar Sah (hereinafter referred to as the Complainant), being an unemployed youth, applied for loan from the State Bank of India, Bhagalpur in 1996 for installation of Automatic Plain Paper Copier (in short, the photocopier machine) under the “Prime Minister Rojgar Yojna”. A loan was sanctioned for a sum of Rs.98,500/- for installation of the photocopier machine through the State Bank of India, Bhagalpur City Branch. The Branch Manager, State Bank of India, City Branch Bhagalpur issued supply order to Opposite Party No. 2, i.e., the Dealer of Respondent Company, to supply Kores 1101 photocopier Machine manufactured by Kores (India) Ltd. Business Machine System Division manufactured by the Respondent Company to the Complainant. The Opposite Party No.2 installed the said Automatic Plain Paper Copier Modal KS 1101 Sr.1 Q 4085 at the business premises of the Complainant at Railway Station Chauk, Bhagalpur near Govt. Bus Stand on 29.2.1996. Before installation, the Sales Executive of Respondent Kores (India) Ltd. wrote a letter dated 18.12.1995 to the Complainant for providing services through Service Engineer posted at Bhagalpur. After the installation of the said photocopier machine, the Opposite Party bestowed good services till 1997. The Maintenance Agreement entered into between the Opposite Party and the Complainant for the contract period of 19.02.1997 to 18.02.2002, for which Annual Maintenance Charge was paid to the Opposite Party No. 2. In 1997, the Opposite Party closed the Maintenance Service, for which the Complainant made telephonic talk several times from Patna office as well as the present dealer Shiv Priya Agencies, Bhagalpur. In this connection the Sales Executive, Kores (India) Ltd., Patna wrote a letter dated 25.03.1997 to the Respondent Company expressing his inability to bestow Services to the Complainant as Mr. B.K. Singh, Service Engineer of Kores (India) Ltd. posted at Bhagalpur has been terminated. As per telephonic talk with the Company, they do not intend to post any service Engineer at Bhagalpur. The said Shiv Priya Agencies, Bhagalpur also wrote a letter dated 18.11.1997 to the Complainant in compliance to his letter dated 10.11.1997 expressing his inability to bestow service to him on the same grounds. The Copier Machine is not in working condition due to lack of maintenance service, consequently, the Complainant could not pay the instalment against the aforesaid loan to the State Bank of India, City Branch Bhagalpur since September 1998. The Complainant had paid Rs.41,313/- only in total including the subsidy amount till August 1998. Due to lack of maintenance service, the Complainant has suffered irreparable loss of Rs.5,00,000/- (Rupees five lacs). The Opposite Party violated the terms of Maintenance Agreement entered into between the parties and the Opposite Party is liable to compensate the loss suffered by the Complainant.

4. The Complainant filed had Complainant Case No. 238/2000 against the Opposite Party in the year 2000, which was dismissed for default on 09.10.2002 as the lawyer of t