BEFORE THE HONBLE CONSUMER COURT,

THANE AT THANE

Case No. OF

Narendra Balkrishnan Patil,

House No 350,

Kasrali, Po - Dahisar,

Tal - Vasai, Thane

Maharashtra - 401303. - CONSUMER

Bombay JCB Earth Movers,

Shop No. 1, Ashtavinayak Ind Estate,

Vasai Phata, NH-08, Post - Pelhar,

Vasai (East), District - Thane.

Pin 401208 - SELLER

TO,

THE PRINCIPAL JUDGE &

OTHER PUISINE JUDGES

OF THIS HONBLE COURT,

MAY IT PLEASE YOUR HONOUR :

I the consumer abovenamed beg to state and submit as under:

1. I, client Mr. Narendra Balkrishna Patil, having address at

House No. 350, Kasrali, Po - Dahisar, Tal - Vasai, Thane,
Maharashtra 401303 purchased from Bombay JCB Earth Movers at
Shop No. 1, Ashtavinayak Ind Estate, Vasai Phata, NH-08, Post - Pelhar,
Vasai (East), District Thane 401208, 3DX - 2WD Side Shift Excavator
Loader (Hydraulic Excavator Loader Non - TRA) on 26.03.2012 for the
amount of Rs. 2,245,751 (Rupees Twenty two lakhs forty five thousand
seven hundred and fifty one only). Receipt of which is attached and marked
as Exhibit A.
2. I say that I am the consumer to avail the services of the product & Ive
purchased it for consideration. Bombay JCB Earthmovers is the seller
company providing the consumer with the product and its after-sale services.
3. I say that I had to take financial assistance from Magma Fincorp limited of
Rs. 1730000 for a period of 45months. Receipt of which is attached and
marked as Exhibit B.
4. I say that I have complied with the services as per the norms of the service
and availed the service of the machine for the first time on 17.05.2012 and
due to the faulty machine, you charged my client for the amount of Rs.
11,600, which were replaced as shown in the performa invoice and this
shows that the machine was faulty from the day of installation. Receipt of
which is attached and marked as Exhibit C
5. I say that, once again availed the service of the said machine on 20.09.2012,
where he was charged for HUB BEARING KIT charges, which was duly
paid by me for an amount of Rs. 2770/- , receipt of which is attached and
marked as Exhibit D
6. I say that on 20.10.2012, I had sent the machine for proper lubrication and
paid charges for grease, also on 15.10.2012 the machine was serviced and
the charge was settled by me, the receipt of which is attached and marked as
Exhibit E.
7. I say that on 30.06.2013 again I had to send the machine for servicing and
had to bear the expenses. The expenses for servicing usually was due to
faulty parts in the machine since its installation, and settling those expenses
along with monthly interest of Rs. 48670/- to Magma corp. limited was
financially burdening for me. I say that on several occasions I complained to
JCB Earthmovers about the fault in the machine. However, they never paid
 heed to the complaint with the malice intention to charge me for the repair
once the warranty period had expired.
8. I say that after several calls and emails from my end, your executive came to
check the machinery on 05.09.2013 and took away the machinery for
inspection. The next day I was handed over a bill of Rs. 75,825/- stating the
engine was not working, however the engine was in well working condition
before the inspection. The executive informed that since the engine was not
working they opened the entire machine, which prove the machine was
having manufacturing defect and the executive was trying to cover up for the
same.
9. I say that after several calls from my end, you sent your executive and
promised that the machine shall be repaired in warranty, even though the
warranty period had expired. I say that believing on the word of your
executive; I delivered the faulty machine for repairing. Instead of repairing,
the seller handed over the quotation of Rs. 75,825/- (Rupees Seventy five
thousand eight hundred and twenty five only) for replacement of 29 items.
The replacement of 29 items itself shows that the machine is faulty since its
manufacture. It also shows the poor quality of the product. Thus causing
mental trauma and financial burden for me.
10. I say that since the executive opened the machine for inspection, the spare
parts got damaged and the machine started catching rust due to its
manufacturing defect and the seller company wanted me to reimburse the
expenses of their faulty machine.
11. I say that I denied paying the amount for repair as when the machine was
taken for inspection i.e. it was in working condition also I was assured that
the machine would get serviced in warranty so there was no reason for me to
settle such huge amount.
12. I say that due to refusing of payment, the machine is lying open and is out
of use due to which am suffering huge business loss. I say that you have
cheated me, by making false promises about repairing the machine in
warranty period and asked for a huge amount of Rs. 75,825 for replacement
of 29 items which is a part of criminal breach of contract. I say that due to
this I had to request Magma Fincorp. Limited to give me some time to
payback the interest of the loan amount borrowed.