H. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION SHIMLA Date of Presentation: 18.04.2019 Order Reserved on: 11.06.2024 Date of Order: 24.06.2024 ……

Sh. Ajay Paul Singh Tanwar, S/o Sh. Bhupinder Singh Tanwar, R/o Village Saraswati Nagar, P.O. Hatkoti, Tehsil Jubbal, District Shimla, H.P.

…… Complainant Versus Padam Graphics, Head Office, Plot No. 13, Gali No. 3W, Saroorpur Industrial Area, Faridabaad-121004, Haryana, India, Through its Managing Director/Authorised Signatory.

…..Opposite Party Coram Hon’ble Justice Inder Singh Mehta, President Hon’ble Mr. R.K. Verma, Member Whether approved for reporting?¹ Yes For Complainant : Mr.Jagat Paul, Advocate.

For Opposite Party : Mr. Raman Jamalta, Advocate.

1 Whether reporters of the local papers may be allowed to see the order?

Justice Inder Singh Mehta, President

O R D E R

The present complaint has been remitted back to this Commission by way of remand vide order dated 03.04.2024 passed by the Hon’ble National Commission in First Appeal No.738 of 2022 for deciding the case afresh.

Brief facts of the case:

2. Briefly stated the case of the complainant is that the complainant purchased bag making machine from the opposite party for a sum of Rs. 15,60,066/-. The machine was purchased by the complainant to earn his livelihood by self employing himself. Machine was installed by the opposite party, at the place of work of the complainant in Village Saraswati Nagar, P.O.Hatkoti, Tehsil Jubbal, District Shimla. From day one, the machine did not work. It could not be operated because of some manufacturing defect in it. The fact of machine being defective and because of that it having remained idle, was brought to the notice of the opposite party, who deputed an engineer. The engineer inspected the machine on 16.03.2019 and wrote about the machine and gave affidavit on behalf of the opposite party. The copy of affidavit is Annexure C-2 and report of Engineer Sh. Samarjeet Maurya is that the machine need further repairing otherwise need to replace the machine with new machine.

The complainant has obtained term loan to the tune of Rs. 13,00,000/- and Rs. 5,00,000/- as C.C. Limit from Punjab National Bank, Branch Saraswatinagar, Tehsil Jubbal, District Shimla and submitted the project report for non-woven Bags in the Bank. According to the complainant, despite the report of its engineer, the opposite party did not replace the machine nor carry out any repair to make the machine functional and as such, the complainant was left with no alternative, but to file the present complaint.

3. The opposite party filed reply and took preliminary objections that complainant has purchased the machine for commercial purpose only. Present complaint is not maintainable before this Commission for want of territorial jurisdiction and the complainant has not approached this Commission with clean hands and concealed the material facts. The opposite party had sent one Kheta Ram for installation of the machinery and opposite party has not sent any Engineer named Samarjeet Maurya on 17.03.2019. At the time of selling of machine to the complainant, opposite party never assured that the machine carries warranty/guarantee of spare parts for period of one year.

On merits, it is admitted that the complainant purchased the bag making machine from Faridabad on 14.07.2018. The complainant approached the opposite party for purchase of bag making machine in order to set a commercial unit at his native village for running the commercial unit and he has employed certain person. The said machine was installed to the full satisfaction towards the functioning of the bag making machine and the machine was functioning properly from its installation. Opposite party denied that an old machine has been sold to complainant instead of new machine whereas, when the bag making machine was transported, complainant himself was present during the loading of the machine in the truck hired by the complainant. Therefore, question of supplying second hand