STATE CONSUMER DISPUTES REDRESSAL COMMISSION CIRCUIT BENCH SILIGURI FIRST APPEAL NO. SC/CB2/19/A/110/2023 THE PROPRIETOR, OSAKA INTERNATIONAL INC PRESENT ADDRESS - PLOT NO. 15, Q-1 BLOCK, OPP. PARK HOSPITAL, SECTOR 49, SOUTH CITY-II ,WEST BENGAL.

.......Appellant(s)

Versus ABHIJIT DEBNATH PRESENT ADDRESS - CHAKCHAKA, PUNDIBARI ,WEST BENGAL.

.......Respondent(s)

BEFORE:

HON'BLE MR. JUSTICE KUNDAN KUMAR KUMAI , PRESIDING MEMBER FOR THE APPELLANT:

NEMO FOR THE RESPONDENT:

NEMO DATED: 24/04/2025

ORDER

KUNDAN KUMAR KUMAI This is an appeal u/s 41 of the Consumer Protection Act, 2019, against the order dated

19/07/2023, passed by the Ld. D.C.D.R.C., Cooch Behar, in CC/32/2021.

The Appellant’s case in brief is that, the Respondent/Complainant had purchased one OSAKA Combine Harvester Half Feed Machine Model no.05-4LBZ-150BT for Rs.21,00,000/- (Rupees twenty-one lakhs) only, by initially paying Rs.3,00,000/- (Rupees three lakhs) only, on 09/09/2020 and thereafter Rs.5,00,000/- (Rupees five lakhs) only on 23/09/2020, Rs.3,00,000/- (Rupees three lakhs) only on 02/11/2020, Rs.6,00,000/- (Rupees six lakhs) only on 12/11/2020 and finally Rs.4,00,000/- (Rupees four lakhs) only on 24/11/2020. The Appellant had failed to deliver the machine, in spite of receiving the full amount and had delivered after a long time on 10/01/2021, causing financial loss to the Respondent/Complainant. Thereafter also, the Appellant had failed to provide an engineer for demonstration of the machine and had agreed to send one engineer on 04/05/2021, named Bhupesh. But, after a lapse of 4 (four) days also the said engineer was not sent. Finally, the Respondent/Complainant managed one self-operator from Uttar Pradesh, but the said machine could not bind the grass after cutting the paddy straw.

The matter was intimated to the Appellant, but the Appellant failed to send any engineer to cure the defects within the warranty period, thus causing mental pain and agony as well as financial losses. The Respondent/Complainant also sent written complaint to the Appellant through e-mail and WhatsApp messages on 24/06/2021, but failed to respond. Finally, a Legal Notice was sent on 28/06/2021 by Registered Post on 29/06/2021, but still there was no response. Moreover, the Appellant had charged extra Rs.3,00,000/- (Rupees three lakhs) only for the same machine which it was providing to others at Rs.18,00,000/- (Rupees eighteen lakhs) only. Finding no alternative, the Respondent/Complainant lodged a written complaint before the Ld. DCDRC, Cooch Behar with necessary prayers.

The Appellant appeared to contest the claim by filing written version, wherein the factum of sale was admitted, but the reason for not sending an engineer was attributed to the State Lock-Down due to Covid-19. Overcoming such hardships, they had been able to deliver the machine on 07/01/2021, but had failed to send an engineer due to Covid-19 restrictions. On 01/02/2021 a trained engineer had been sent, but as another engineer had already handled the machine, the machine was found broken. The Appellant had also denied that the Appellant had charged extra Rs.3,00,000/- (Rupees three lakhs) only, from the Respondent/Complainant by stating that the Model was an old one for which Rs.18,00,000/- (Rupees eighteen lakhs) only, had been quoted. It was further stated that as the Respondent/Complainant had tampered the machine by another engineer, there was no liability on the part of the Appellant. It was therefore prayed that the case be dismissed.

After going through the materials and evidence on record, the Ld. DCDRC, Cooch Behar passed the impugned order directing the Appellant to repair the OSAKA Combine Harvester Half Feed machine Model no.05-4LBZ-150BT within one month from the date of order and give proper services within one month, failing which refund of Rs.21,00,000/- (Rupees twenty-one lakhs) only with interest after taking back the said machine, or any alternative replace the OSAKA Combine Harvester Half Feed Machine Mo