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Cause Title/Judgement-Entry
IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
First Appeal No. A/195/2009
( Date of Filing : 02 Mar 2009 )
(Arisen out of Order Dated in Case No. of District )
 
1. The Orissa Scheduled Caste & Scheduled Development Finance Co-operative Corp. Ltd.,
At- Lewis Road, Bhubaneswar, Dist- Khurda.
2. The Orissa Scheduled Caste & Scheduled Development Finance Co-operative Corp. Ltd.,
Cuttack Branch, Cuttack.
...........Appellant(s)
Versus
1. Jyostsnamayee Behera,
Salipur, Niscintakoili, Dist- Cuttack.
2. Canon India Pvt. Ltd.,
A-12, Sector-59, Noida, UttarPradesh.
3. Canon Oricon
Bhubaneswar, Khurda.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
 HON'BLE MR. Pramode Kumar Prusty. MEMBER
 HON'BLE MS. Sudihralaxmi Pattnaik MEMBER
 
PRESENT:M/s. G. Acharya & Assoc., Advocate for the Appellant 1
 M/s. S.K. Mishra & Assoc., Advocate for the Respondent 1
Dated : 16 Sep 2022
Final Order / Judgement

       Learned counsel for the appellants files written note of submission. Heard learned counsel for the appellants. None appears for the respondents.

2.      Here is an appeal filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to this appeal shall be referred to with reference to their respective status before the District Forum.

3.   The case of the complainant in nutshell is that the complainant in order to have self-employment applied to OP No.1  for purchase of a xerox machine duly recommended by OP Nos. 1 to OP No.2 on 2.11.1995. However, after due execution of documents complainant purchased the xerox machine for Rs.1,05,000/- on condition to repay the  loan on instalment basis. On 10.3.2005  after execution of documents with  the manufacturer, the xerox machine was handed over to her in the office of OP No.1 at Cuttack. Thereafter, the complainant suffered from cancer and was under continuous treatment at Acharya Harihar Regional Cancer Research Centre at Cuttack, and was unable to either operate the machine or to go through the relevant documents supplied to her. After recovery from the ailment, she found that the xerox machine supplied to her was of 1999 model which was a old one supplied to her in the year 2005. Thereafter, the complainant represented before the OPs regarding supply of old machine. But the OPs did not listen to the request of the complainant. Challenging the same, the complaint was filed.

4.      OP Nos. 1 and 2 filed joint written version stating that  the complaint is barred by limitation and the xerox machine was delivered in good condition. The allegation of the complainant is totally false. Therefore, there is no deficiency in service on their part.

5.      OP No.3 filed written version admitting that the xerox machine was manufactured and supplied to OP Nos. 1 and 2 in the year 1999. It is also averred that OP Nos. 1 and 2 made second sale to complainant. As no relief was claimed against him, they prayed to dismiss the complaint.

6.      Learned District Forum after hearing both parties

passed the following order:-

                             “xxx   xxx   xxx

As regards the last question of consideration, in view of our conclusions arrived at earlier, while allowing the complaint petition, the depreciation value of the machine in question is reduced to 50% by the year 2005 and direct OPs 1 & 2 to refix the loan accordingly, waive out the interest against the loan already granted and to give six months time to pay the refixed loan amount. The OPs 1 & 2 are further directed not to give effect to Annex – 11 (the demand notice). Taking into consideration of the facts and circumstances of the case, w are inclined not to grant any compensation etc. to the complainant. But she is entitled for litigation expenses of Rs.2000/-.

The above directions are to be complied with within one month of receipt of this order. Case against OPs 3 & 4 stands dismissed.”

7.      Learned counsel for the appellan




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