Mumbai: A district consumer commission has directed a refund of Rs2.12 lakh with 12% interest per annum for a faulty machine sold to a buyer. It has also passed an uncommon directive that if the faulty machine is not taken away by the seller within 30 days of the order, he will have to pay Rs200 per day as rent money to the buyer for the space it occupies. Additionally, the buyer has been awarded Rs25,000 towards rent money and litigation costs.
The order dated November 24 was passed by RG Wankhande (president) and SV Kalal (member) of the Additional Mumbai Suburban District Consumer Disputes Redressal Commission, on a complaint by Prabhadevi resident Yogesh Save against Liresh Bhiwandiwala, proprietor of Andheri-based Shivneri Technic. Mr Save purchased special machinery for the design and coating of clothes from the latter. As per the tariff letter, the price of machinery was pegged at Rs2.5 lakh, with 18% GST on the object and service. Mr Bhinwandiwala took 50% of the amount in advance and assured Mr Save that he would get the machine in 2-3 weeks.
The machine was delivered to Chinchni village in Palghar taluka. At that time Mr Bhinwandiwala sought partial payment of the remaining 50% of the amount, with the remainder to be collected after the machine was started. Accordingly, Mr Save paid Rs85,000 through NEFT and Rs2,000 in cash for other expenses. In this way, he paid Rs2.12 lakh till the time he got the machine.
To start the machine, Mr Save contacted Mr Bhiwandiwala several times. There was a delay every time and eventually, the machine was not started. By giving a machine that was not in working condition, Mr Save was cheated and hence he sent a notice seeking a refund and later filed a complaint with the commission.
Mr Bhiwandiwala did not appear but later filed a reply. The delayed reply was rejected and proceedings were conducted exparte as he did not appear for arguments.
