A.K.ANNAMALAI, J. - (1.) The 2nd opposite party is the appellant.
(2.) Complainants have filed the complaint against the opposite parties 1 and 2 claiming compensation for mental agony and deficiency of service for Rs.1,00,000/- due to the defective weighing machine fixed at the 2nd opposite parties complex.
(3.) The brief details of the complaint are as follows :- On 10.10.07 at about 6.15 pm the complainants who are studying at law college final year, went to the 2nd opposite party?s complex for the purchase of things and after purchase the 1st complainant in order to find out his body weight, he inserted one rupee coin in the weight machine slot found at the complex and on standing on the machine, the machine did not show the weight of the complainant and either the weight showing card or the money inserted not came out. When the 2nd complainant also tried for the same he was also disappointed and one another student Ramesh Babu also tried once again and he was also disappointed. Hence when it was enquired about the defect of the machine from the nearby security he said that he would inform the owner through telephone and for which the complainants have waited till 8.30 pm and there was no response from the security and when enquired he scolded the complainants and the complex Manager told to contact the manufacturer of the machine at Calcutta or to the 2nd opposite party. The security got the contact number of the owner from the manager and he gave the number of the owner 1st opposite party and when it was contacted it was switched off. Hence as it is the duty of the dealer to display or to give information about the defective nature of the wait machine so as to avoid the consumers difficulties by using the same and thereby there was deficiency on the part of the opposite parties and complainants are claiming the compensation as above.;