
Refund for faulty
weigh bridge ordered
Tribune
News Service
CHANDIGARH, June 19
The District Consumer Disputes Redressal
Commission has directed Weigh Masters, Industrial Area,
Phase-II, to refund Rs 5.05 lakh with 18 per cent
interest to a consumer for selling him a defective weight
bridge. A cost of Rs 5,000 has also been imposed.
Sona Paper Boards had in
its complaint filed before the commission alleged that
the weight bridge was purchased in March, 1996, for Rs
5.05 lakh, but it was installed and made operational in
August, 1996. However, within one month of its
installation, it started giving trouble and the
respondent company promised to provide service under
warranty. They further alleged that though the engineer
of the company inspected the machine and made a few
adjustments on three occasions, the instrument failed to
give satisfactory results. The complainant approached the
respondents several times for effecting the repairs, but
to no avail. As a result, the complainant was compelled
to avail itself of the weighing facility from outside and
spend on labour and staff, which not only resulted in
extra expenditure but also decrease in efficiency.
Counsel for the
complainant contended that the supplier indulged in
unfair trade and practice as it did not get the weight
bridge stamped and verified before supplying it, which
was the statutory requirement as per the law governing
weights and measures.
In its reply before the
forum, the manufacturer contended that it was the duty of
the complainant to get the weight bridge stamped from the
relevant authority and the manufacturer was not liable
for doing so.
It was further submitted
that repairs and replacements were made from time to time
to the satisfaction of the complainant during the
warranty period.
The commission Bench
comprising its President, Justice J.B Garg and members,
Col P.K Vasudeva and Mrs Devinderjit Dhatt, in their
order observed that the weight bridge did not give
satisfactory results right from the time of its purchase.
After going through the
records, they found that as per Section 22 of the
Standards of Weights and Measures ( Enforcement) Act,
1985, it was the duty of the manufacturer to sell the
weight bridge only after proper stamping and verification
by the statutory authority.
The commission also
rejected the pleas raised by counsel for the manufacturer
regarding the maintainabilitity of the complaint. The
plea regarding the expiry of the warranty period and
limitation was also rejected on the ground that the
warranty would become operational only after the
installation of the machine which was done in August,
1996, and there has been constant complaints from the
complainant's side thereafter.
The manufacturer has
been directed to pay the amounts within two months of the
receipt of the order, whereafter the complainant is
required to hand back the weigh-bridge.
BPL dealer to pay
The UT Consumer Disputes
Redressal Forum-II has directed a local BPL dealer,
Electroage, to pay Rs 359 to the complainant along with
costs of Rs 550 for its failure to rectify the fault in
the washing machine during the warranty period.
In his complaint,
Mohinder Dawar has stated that he had purchased the BPL
washing machine from the dealer on January 24, 1996, with
three years' warranty. He further alleged that when the
machine developed a fault on November 13, 1998, the
dealer refused to get the fault rectified. The
complainant who had to get the washing machine repaired
at his own expense pointed out that the relief was sought
well within the warranty period, but the company did not
reimburse that amount to him.
The respondent dealer in
its reply stated that the warranty was for a period of
two years and that the fault developed after the expiry
of that period.
The forum Bench
comprising its President, Mr R.P. Bajaj, and member H.S
Walia after perusing the warranty certificate produced by
the complainant held that the fault occurred well within
the warranty period. Holding him guilty of deficiency in
service, they directed him to pay Rs 359 as the expenses
incurred by the consumer along with interest at the rate
of 12 per cent, besides a sum of Rs 550 as costs for its
failure to carry out the commitment. 
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