A.K.ANNAMALAI, J. - (1.) The complaint filed under Section 17 of the Consumer Protection Act- 1986 Complainant is the original resident of Kerala now settled at Ruwi Sulthanate of Oman carrying in computers stationery manufacturing unit. Complainant for his business wanted to install machineries who run his business to buy machineries from the opposite party and accordingly he has ordered 3 sets of machineries computer stationery manufacturing machine 1) reel to pack 2) reel slitting machinery and accessories for the value of Rs.26,00,000/- ordered the supply for the same from opposite party on the basis of an agreement of contract and the opposite party to dispatch the machinery on 5.3.07 from Cochin shipment after receiving Rs.25,27,553/-. But failed to supply third item accessories. The opposite party went to the complainant?s place for on 23.4.07 for the installation of machinery with the expenditure of petitioner without supplying 3rd item of machinery insisted for another purchase order for which an advance of Rs.30,000/- was paid for the value of Rs.50,000/- and the opposite party agreed to supply within two weeks from 24.6.07. He has received the entire amount for the same. The opposite party sent the goods on 19.9.07, but failed to finish the installation of the work as per contract and not rectified the defects for the machineries already installed. The opposite party left the Muscut on 7.5.07 and the complainant requested for supply of the accessories and for installation on 19.9.07. After receiving the e-mail communication sent on 4.10.07 opposite party did not care for the same and thereby the opposite party failed to render his service as per contract and he is committed deficiency of service. Hence the complainant claimed a sum of Rs.30,00,000/- for the loss incurred from January 2007. Rs.25,00,000/- for deficiency of service, mental agony and torture for deficiency in not installing the machinery in running condition Rs.6,00,000/-, Rent for the factory up to 31.12.07 Rs.8,40,000/-, Site preparation charge Rs.2,40,000/-, Utilities Rs.58,000/-, Raw materials Rs.7,00,000/-, Salary expenses rupees paid at Muskat Rs.5,76,000/- and bank and other charges Rs.20,250/-, Air ticket expenses and stay of the opposite party for installing the machinery Rs.1,15,000/- in all totaling Rs.86,49,250/- and for the costs.
(2.) The opposite party even though appeared through an advocate and filing vakalat did not file written version and also failed to appear subsequently and thereby the opposite party was set exparte on 13.5.2011.
(3.) In the complaint enquiry, the complainant filed his side proof affidavit along with documents which are marked as Exhibits A1 to A19.;