The national consumer dispute redressal commission (NCDRC) upheld the orders of the district consumer dispute redressal commission (DCDRC) and the state consumer dispute redressal commission (SCDRC), directing an Andheri-based commercial printer dealer and Max Print Pvt Ltd to either refund Rs12 lakh to the complainant or start the machine within a month, with a six-month warranty and service.
The firm was also ordered to pay Rs 1 lakh for complainant's mental distress, cover Rs2,000 in litigation costs, and provide monthly compensation of Rs10,000 until the machine is functional.
The complaint was filed by Shambhoo Agarwal, a Gwalior-based businessman and proprietor of Agarwal Plastic Sign Industries. He had ordered a Wit Colour Flax Printing Machine for Rs 6.5 lakh, making a down payment of Rs4.15 lakh. Despite this, a different machine was delivered, though the dealer agreed to exchange it. Agarwal then paid an additional Rs7.4 lakh for ink and accessories.
However, when the correct machine arrived in September 2006, it failed to work despite multiple repair attempts. Frustrated by technical issues, Agarwal stopped payment on three post-dated cheques and sent legal notices, which the dealer ignored. Legal action under section 138 of the Negotiable Instruments Act followed due to unresolved defects. Even after paying Rs1.5 lakh under pressure, the machine remained non-functional, and repairs proved ineffective.
The DCDRC and SCDRC found the Andheri-based firm guilty of deficient service, a decision affirmed by the NCDRC.
