Man ‘fails’ to use paper cup machine due to ‘incomplete training’, wins Rs 7.25 lakh

Relief granted to buyer

According to the complaint, the purchaser had bought a paper cup manufacturing machine for Rs 8.5 lakh in 2023 after the company advertised that it would install the machine, provide five to six days of training, supply free raw materials for 10 days and furnish the required tools and parts.

He alleged that the machine was delivered without the promised materials and that he was compelled to pay an additional Rs 25,000 as “godown charges” before installation. The complainant further alleged that installation was delayed despite repeated requests and that when a technician eventually installed the machine, several defects were noticed. He also claimed that only two days’ worth of raw material was supplied instead of the promised 10 days. He further alleged incomplete training. It was claimed that due to non functioning of the machine the complainant suffered huge financial loss, mental pain and agony.

The company contested the complaint, arguing that the machine required operation by a skilled technician and that it had been damaged because the complainant operated it himself without appointing trained personnel.

The commission, however, declined to hold that the machine suffered from a manufacturing defect. It observed that no expert examination had been conducted to establish such a defect. “A product can be declared as defective only when there will be any manufacturing defect. For detection of manufacturing defect such product got to be examined by an expert. Unless the machine is examined by an expert it cannot be held as defective more particularly manufacturing defect can only be determined by examination of machines by an expert,” the commission observed.

It however found that the company failed to provide the agreed quantity of raw materials, complete the promised training and properly service the machine. “OP Company is negligent in providing proper service to the machine. They are also negligent in providing proper training as per agreement. They are also violated the agreement for supply of raw material, for the machine as per documents produced by the Complainant,” the order read.

The commission found that the failure to honour its commitments caused financial loss to the complainant, therefore, it held the complainant entitled to compensation. The commission awarded Rs 5 lakh towards loss of income, Rs 2 lakh for mental pain and agony, and Rs 25,000 as litigation costs.

Takeaway

The ruling underscores that a seller’s responsibility does not end with delivering a product. If a company promises installation, training, raw materials or other after-sales support as part of the sale, failure to provide those services can amount to deficiency in service under the Consumer Protection Act.

Consumers facing similar grievances may contact the consumer helpline in their respective states (West Bengal: 033–2252–0448) or dial the National Consumer Helpline at 1915 for assistance.