Machine's Repeated Breakdowns Point To Manufacturing Defects: NCDRC

The National Consumer Disputes Redressal Commission, presided by Mr. Subhash Chandra and Dr. Sadhna Shanker, held R.K. Engineering liable for deficiency in service for a selling faulty machine with manufacturing defects. Brief Facts of the Case The complainant purchased a pasta machine for ₹8,02,000 from the engineering company, fully paid and delivered, but faced multiple issues after installation. The machine frequently malfunctioned, failed to meet its promised capacity, and produced defective products. Despite complaints, the engineering company did not properly repair or resolve the issues. The complainant alleged deficiency in service, claiming the machine was defective, and filed a complaint with the State Commission of Uttar Pradesh. The State Commission allowed the complaint and directed the engineering company to exchange the appliance with a new one and pay Rs. 3,00,000 for financial and cost of complaint. Consequently, the engineering company filed an appeal before the National Commission. Contentions of the Engineering Company The engineering company argued that the pasta machine met the claimed production capacity and attributed its issues to the operator's inefficiency and lack of knowledge. They asserted that all reported problems were promptly addressed and denied any deficiency in service. Additionally, they contended that the State Commission lacked jurisdiction and that the machine's commercial use disqualified the complainant from seeking relief. Observations by the National Commission The National Commission observed that there was a clear deficiency in service by the engineering company. The complainant, qualifying as a consumer under the Consumer Protection Act, purchased a pasta machine under the Prime Minister Employment Scheme. Despite repeated malfunctions and persistent issues since installation, the engineering company failed to replace the machine, even after admitting to defects and offering replacement in response to a legal notice. The principle of res ipsa loquitur applied, as the machine's repeated breakdowns pointed to inherent manufacturing defects. Furthermore, it was observed that the engineering company's argument that the operator lacked experience was unsupported, as the operator's affidavit demonstrated adequate expertise and was uncontested. Additionally, no evidence or engineering reports were provided by the company to refute claims of defects or to suggest operational errors by the complainant. Citing these factors, the Commission upheld the State Commission's order and dismissed the appeal for lack of merit. Case Title: M/S. R.K. Engineering Co. Vs. M/S. Jain Agrofood Industries & Anr Case Number: F.A. No. 324/2021 Click Here To Read/Download The Order

Machine's Repeated Breakdowns Point To Manufacturing Defects: NCDRC

Ayushi Rani

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