- (1.) APPELLANT was the opposite party in consumer complaint No. 63 of 2007, which was filed by the complainant with the allegations that the Conveyor Dryers Machine purchase from the appellant on17.07.2006 has not been installed in the factory of the complainant, causing it loss of Rs. 1,000/ - per day and the appellant thereby made deficiency in service, making itself liable to refund of the amount of Rs. 1,10,000/ - paid towards price of the machine with interest in the event of not getting the machine installed in the factory and further to pay damages @Rs. 1,000/ - per day.
(2.) THE appellant had contested the complaint mainly on the grounds that the District Forum, Dehradun had no territorialjurisdiction to entertain and try the complaint as the machine was delivered to the complainant at Delhi; that the complainant was responsible for non -installation of the machine due to personal problem; that the machine was mishandled by the complainant and it was found that it had developed mechanical fault and that the complainant had failed to pay sum of Rs. 20,000/ -, the arrears towards price of the machine. Appellant had urged dismissal of the complaint with costs as well as special costs, keeping in view the contention raised by it in the case.
(3.) THE District Forum, on an appreciation of the material on record, accepted the complaint, by observing that the machine supplied by the appellant had mechanical fault, which was not due to mishandling of the machine by the complainant and for that reason, the machine not being fit for installation, need to be taken back by the appellant and to refund part price of Rs. 1,10,000/ - received from the complainant together with sum of Rs. 2,000/ - towards expenses of the litigation. The plea of lack of territorial jurisdiction was rejected on the basis of the finding that the machine was delivered by the appellant at Dehradun. The complaint was, thus, partly allowed by order dated 14.05.2009 and the appellant was directed to pay sum of Rs. 1,12,000/ - to the complainant and then to take back the dryer machine from the factory premises of the complainant. The delay in filing the appeal is hereby condoned and the appeal is admitted for decision on merit.;