Nirvana Group to pay Rs 3 lakh for not delivering order

HYDERABAD: A district consumer forum directed

Nirvana

's Group of Companies and SAAR Engineering works to reimburse Rs 3 lakh and pay Rs 75,000 towards compensation and punitive damages to a customer for failing to deliver machinery on time.

Mohammad Sirajuddin

, a businessmen, placed an order with the Nirvana's Group for a semi-automatic hydraulic paper plate making machine dual die, semi-automatic hydraulic thermo plate making machine, paper cut making machine and die cutting machine for a total value of Rs 7.95 lakh. He paid Rs 3 lakh as advance and was supposed to pay the remaining money at the time of delivery.

However, despite paying a substantial payment as advance, the manufacturing company did not deliver the items. He further alleged that the manufacturing firm did not even bother to respond to the legal notice served and filed the present complaint seeking compensation and justice.

The manufacturing firm, on the other hand, filed a co unter stating that Sirajuddin made last-minute changes when he came to take delivery of the items.

“When the complainant came to take delivery of the items, he suddenly asked us to change the dies of the machinery. We tried to accommodate his request and placed an order with SAAR Engineering works and also made an advance payment of Rs 5 lakh, but the company failed to deliver the machinery and we were forced to cancel the order and incurred heavy loss in the process,“ submitted the firm in its written version.

They further said it was conveyed to the complainant and we asked him to take the paper plate machine, however he rejected the offer stating that the said machinery does not suit his requirement. SAAR Engineering works, who was listed as opposite party 2, filed a memo adopting the written version of Nirvana's Group.

In the end, the bench said: “A company of standing does not deal in this airy fashion.If orders are cancelled, they need to be properly recorded.The manner in which the invoice was issued, a cancellation form or change in machinery specifications needs to be recorded. A verbal exchange does not quality as evidence. For the several allegations the opposite parties have made, they have failed to provide any proof of it. The order placed with SAAR Engineering works is also not recorded.“

Apart from compensation and punitive damages, they directed both

Nirvana Group

and SAAR Engineering to pay another Rs 1,000 towards costs.

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