BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION : HYDERABAD.

FA.NO.83 OF 2020 AGAINST ORDERS IN CC.NO. 178 OF 2017, DISTRICT CONSUMER COMMISSION-I, HYDERABAD Between Dr.D.Vijay Kumar, S/o.D.Rajeshwar, Aged 42 years, Occ: Doctor, M/s.Vinayaka ENT Hospital, Opp. Devishetty Hospital, Civil Hospital Road, Karimnagar.

……Appellant/Complainant And Genesis Poweronics India Pvt. Ltd., Rep. by its Managing Director, Venkata Charry, having its office at A-46 Madhura Nagar, Ameerpet, Hyderabad.

……Respondent/Complainant Counsel for the Appellant/Complainant: M/s. R. Sushanth Reddy Counsel for the Respondent/Opp.Party : M/s. P. Narender Reddy QUORAM:

HON’BLE SMT.JUSTICE DR.G.RADHA RANI ……PRESIDENT &

HON’BLE SMT.R.S.RAJESHREE ……MEMBER (NON-JUDICIAL)

FRIDAY THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND TWENTY SIX ******

Order: (Per Smt.Dr.G.Radha Rani, Hon’ble President)

1. This appeal is filed by the Complainant aggrieved by the order passed by the District Consumer Disputes Redressal Forum-I, Hyderabad in CC.No.178/2017 dated 04.12.2019 for dismissing the complaint filed by him.

2. For the sake of convenience, the parties are hereinafter referred as Complainant and Opposite Parties 1 & 2 as arrayed in the complaint before the District Forum.

3. The case of the Complainant in brief was that:

(a) The Complainant was an ENT doctor by profession. He was running a hospital under the name and style of M/s.Vinayaka ENT Hospital at Karimnagar. The Respondent/Opposite Party was engaged in the business of selling electrical generators and other accessories etc. The Complainant intended to purchase a generator as standby for the purpose of running the hospital smoothly and informed the same to his brother-in-law by name Ramakrishna. The said Ramakrishna approached the Opposite Party on 15.09.2015 for purchase of 2.8 KVA Generator and paid an amount of Rs.10,000/- out of an amount of Rs.75,000/- towards advance and it was agreed that the balance amount would be paid at the time of delivery of the power generator. After issuing the cash receipt, the Opposite Party informed that there was another 5 KVA Generator worth of Rs.1,40,000/- and that the same would work more effectively and efficiently than the generator of 2.8 KVA and offered to sell the same at the rate of Rs.1,00,000/- and instigated the Complainant to purchase the said 5 KVA Generator. Believing the version of the Opposite Party, the Complainant purchased the same by paying the balance amount of Rs.90,000/-. The Opposite Party issued cash receipt vide MR.No.178 dated 21.09.2015 in favour of Ramakrishna. The Complainant requested the Opposite Party to issue invoice. The Opposite Party dodged the matter on one pretext or the other and finally issued the invoice on 11.12.2015 and along with the invoice issued cash receipts dated 11.12.2015 for a sum of Rs.10,000/- and Rs.90,000 and in fact the Complainant paid the said amounts on 21.09.2015 and 15.09.2015 respectively. The basic purpose of purchasing the 5 KVA power generator from the Opposite Party was to avoid power/electricity complications while performing operations in the operation theatre. The Opposite Party installed 5 KVA generator on 27.09.2015. The Complainant started using it from 27.09.2015 onwards. On the very same day i.e., on 27.09.2015, the said 5 KVA Generator developed technical snag and did not work. Consequently, the Complainant called up the Opposite Party and it was repaired on 19.10.2015. Within a short span of time, the power generator did not work on several occasions and it was repaired by the Opposite Party technicians on 19.10.2015, 17.12.2015, 31.12.2015, 15.02.2016, 10.05.2016 and 14.06.2016 and to that effect a field report was issued to the Complainant. The Complainant never expected such kind of problem from a newly purchased generator. But unfortunately, the power generator supplied by the Opposite Party was creating complications from the date of its installation and the purpose of purchasing the gener