ORDER
C.M. Nayar, J. (Chairman)
1. The present compensation application has been filed against the respondent for recovery of the following amounts as stated in paragraph 27, which may be reproduced as below :
“27. Under the circumstances mentioned hereinabove, the applicant submit the particulars of loss, damage and the amount payable by the respondents to the applicant.
2. The applicant is a Charitable Trust registered under Mumbai Public Trust Act, 1950 and having its registered office at Sai Hill, T.P. Road, Bhandup (West), Mumbai 400 078 and carrying out various activities such Ambulance Service, Coaching Classes, Typing Institutes, Subsidised Computer Training Centre, Educational Library, General Library, Library for Kids, Free Newspaper Library, Balwadi, Public Call Office, Organisation of Yearly Blood Donation Camp, Free Eye Testing Camps and other Medical Camps and Prize Distribution to the Scholars are undertaken on behalf of the Institution for the welfare of the Society.
3. The respondent is a Company registered under the Companies Act now knows as Dynavox Industries Limited and having its registered office at 115, T.V. Industrial Estate, Worli, Mumbai – 400 025 and dealing in and engaged in marketing of Office Automation Products of reputed brands.
4. The applicant placed an order with the respondent vide letter No. V.K.M. 71/1997 dated 11.5.1997 was Canon N.P. 1215 Copier (Original). The respondent installed the said machine on 14.5.1997. The applicant states that the said machine failed to provide the service of offset plate making and numerous reports were lodged with the respondent who had at times came and rectified the defects,
5. The affidavit of service on the respondent dated 13th February, 2002 has been placed on record. The respondent did not file any reply to the application and was directed to be proceeded ex parte by order dated 22nd March, 2002. The applicant filed evidence by way of affidavit as well as an additional affidavit dated 20th November, 2002 enclosing the quotation as well as photostate copies of the cheques for the amounts of Rs. 60,000/- dated 11.5.1997, Rs. 45,000/- dated 13.5.1997, Rs. 15,000/- dated 8.7.1997 and Rs. 15,000/- dated 16.8.1997 respectively. Mr. Santosh Narayan Kasle filed an affidavit of evidence along with relevant documents which form part of the present proceedings.
6. We have heard learned Counsel for the applicant. The compensation application has given elaborate details in transactions between the applicant and the respondent. The same is supported by the requisite affidavits of evidence which have been placed on record along with documents which are duly exhibited. The applicant has, therefore, established the averments made in the application and proved the case for recovery of the amounts as paid for the defective goods which have been supplied by the respondent in accordance with law.
7. In this view of the matter, the applicant is entitled to the refund of the amounts as already paid i.e. Rs. 1,35,000/- on different dates as stated in the preceding paragraphs. The delivery of the machine was effected on 23rd of July, 1997. The respondent, therefore, shall refund the principal amount of Rs. 1,35,000/-with simple interest @ 12% per annum with effect from 23rd July, 1997 till realisation. The applicant is also held entitled for costs which we quantify at Rs. 10,000/-. The Compensation Application is allowed in these terms