M. THANIKACHALAM J. - (1.) This appeal is directed against the order of the District Consumer Disputes Redressal Forum, Coimbatore in C.O.P.225/2003, dated 07.04.2005.
(2.) The complainant/respondent who is the manufacturer of pressure die castings, had purchased two number of imported monoblock burners from the opposite party, in order to melt the aluminium to make die castings, by paing a sum of Rs.2,68,190/- on two dates, namely, 05.07.2002 and 05.10.2002, being the cost of the machineries, with one year warranty, with an assurance to refund the cost of the machineries if they become defective.
(3.) The two machineries were not functioning properly from the day one of the inception, because of its manufacturing defect, which was reported to the opposite party, who were unable to correct the repairs, since the same is manufacturing defect. By the supply of defective machineries by the opposite parties, the complainant had incurred huge loss in production, and even suffering to run their concern and to earn for their livelihood for their family. The machineries are not only defective, but also unfit for usage, for which, deficiency in service, the opposite party should be held responsible. The legal notice also failed to bring the required result. Hence, the complaint.;