A Kerala consumer commission has directed a machinery manufacturer to replace an automated bottle-filling and cap-sealing machine worth over Rs 25 lakh after finding that poor installation, faulty calibration and inadequate after-sales service rendered the equipment unusable, despite there being no manufacturing defect.
The Palakkad District Consumer Disputes Redressal Commission, comprising President Vinay Menon V and members Vidya A and Krishnankutty N K, passed the order on July 17 while deciding a complaint filed by SKS Foods, a proprietary concern based in Kanjikode, Palakkad, against Ernakulam-based Abhilash Industries.
Purchase Led To Operational Problems
According to the complaint, proprietor Sajitha E G purchased an automatic four-head volumetric bottle-filling machine, an automatic screw-cap sealing machine and related accessories from Abhilash Industries on June 27, 2023, for Rs 25,01,600. The machinery was purchased with bank finance and carried a one-year warranty.
The complainant stated that the manufacturer had represented that the equipment could process 1,000 litres of concentrate per hour, enabling the business to reduce its workforce by five employees. However, the machines allegedly failed to perform from the first day, with inconsistent filling levels, overflowing bottles and improperly sealed caps.
Claiming that the malfunctioning equipment caused financial losses and mental agony, the complainant sought a refund of the purchase price along with bank interest, labour expenses and compensation.
Manufacturer Denied Deficiency
Abhilash Industries opposed the complaint, arguing that it was not maintainable because the machinery had been purchased for commercial use.
The company also denied the existence of any manufacturing defect, asserting that it had trained the complainant’s operator and provided after-sales assistance whenever necessary. It contended that the operational issues stemmed from the complainant’s staff lacking the necessary expertise to use the machinery and maintained that it remained willing to address any genuine problems.
Expert Inspection Found Installation And Calibration Issues
To determine the cause of the malfunction, the commission appointed an expert commissioner to inspect the equipment.
During testing, only three of twelve bottles were filled correctly. Six bottles overflowed, while the remaining bottles were only partially filled. The capping mechanism also jammed repeatedly during operation.
The expert concluded that the machine did not suffer from any manufacturing defect. Instead, the problems were attributed to improper installation, faulty programming, poor calibration and related operational deficiencies.
Relying on these findings, the commission held that the manufacturer had failed to provide satisfactory after-sales service, resulting in deficiency in service under the Consumer Protection Act.
Commission Declines Refund, Orders Replacement
The commission rejected the manufacturer’s preliminary objection that the complaint was not maintainable merely because the machinery had been purchased for commercial purposes.
It observed that the equipment, acquired through bank finance, had remained unusable for more than three years, depriving the entrepreneur of the expected benefits of the investment.
However, since the expert ruled out any manufacturing defect, the commission declined to order a refund of the purchase price or reimbursement of bank interest and labour expenses.
Instead, it directed Abhilash Industries to replace the machine with an identical one within 45 days. The manufacturer was also ordered to pay Rs 50,000 as compensation for deficiency in service and Rs 25,000 towards litigation costs.
The commission further directed that if the order is not complied with within 45 days, the complainant will be entitled to receive a solatium of Rs 1,000 for every month or part thereof from the date of the order until compliance.
The commission also observed that when a person purchases machinery through financial assistance with the expectation of improving business and livelihood, failure to provide effective post-sale support can leave the purchaser facing significant hardship, even where the equipment itself is free from manufacturing defects.
