1. I am going to decide this complaint filed u/s 25 of the Punjab Consumer Protection Act 2005 for the recovery of amount paid for the Generator and amount spent on the repair of the Generator alongwith damages caused due to faulty Generator.
2. 2 The fact of the case are given in the affidavit Ex-P/1 that complainant purchased Generator from respondent No. 1 on 24-3-09 for an amount of Rs. 85000/- Respondent No. 1 also charged Rs.
3. 45000/- for the installation of A.T.S ( Automatic Transmission System) In this way respondent No. 1 charged Rs. 130,000/- from the complainant. At the time of the purchase respondent No. 1 made a representation that Generator was U.K made and it was assembled in China and respondent No. 1 also made representation that he is dealer of Cummins U.k manufacturer of the Generator. One year service and mechanical guarantee was also provided to the complainant as issued under receipt of respondent No. 1. That respondent No. 1 also promised to provide the warranty card from the Cummins Company after two months of the purchase that initially dealer provide guarantee and after sale it is a process of two months to obtain warranty card from the company since the company is based abroad.
4. Arshad Malik Awan V/s Sarfraz Mehmood Sheikh etc. 3 According to the deposition of Arshad Malik Awan, the Generator performed well within one month but lateron stared causing problems. The complainant sent the Generator to respondent No. 1 shop for repairing but respondent No. 1 did not care of that. Respondent No. 1 promised to provide the warranty care very soon. Thereafter Generator went out of order twice and on one occasion the complainant spent Rs. 6000/- to get ignition (self) replaced and then complainant spent Rs. 7000/-to get carburetor replaced . Receipts of parts are attached. That the complainant again contacted respondent No. 1 and informed him that there is an inherent fault in the Generator and asked him to replace the Generator and also provide him warranty card so that the complainant could contact the Company but respondent No. 1 did not care. That due to the doubts in the mind of the complainant about genuineness of the Generator, the complainant took the Generator to the Cummins Pvt Ltd but they refused to inspect that as the complainant did not have any warranty card and warranty gave on the receipt was not acceptable to them. The complainant again approached respondent No. 1 and asked him to pay the cost of repairing and also repair the Generator and produce the warranty card but respondent No. 1 finally refused on 24-6-09. Legal notice is Ex-P/4,
5. According to the contentions of the complainant he incurred total amount of Rs. 7,00,000/- 4 In additional to the oral deposition documentary evidence is also on the record receipt Ex-P/2 issued by respondent No. 1 showing the selling of the Generator for an amount of Rs. 85000/- Ex- P/3 is about parts Arshad Malik Awan V/s Sarfraz Mehmood Sheikh etc. and repairing receipt amounting to Rs. 3500/- and Ex-P/4 is also receipt of parts and repairing amounting to Rs. 5000/- 5 Claim of the petitioner is decided in the way that respondent shall refund the purchase amount of Rs. 85000/- (subject to return of generator to respondent.No.1 which is in possession of the petitioner) installation charges Rs. 45000/- repair chars Rs. 3500+Rs.5000/- and Rs. 10,000/- is also awarded to the petitioner for compensation of mental torture etc. Thus the claim is decreed to the extent of total amount of Rs. 1,48,500/- whereas remaining claims of the petitioner are on the higher side and are dismissed with no order as to cost.
5. After completion file be consigned to record room.