4 days ago
Kerala Consumer Court Orders Refund for Faulty Straw Machine
A man bought a machine to make paper straws for his business.
He said the machine did not work as the company had promised.
It produced fewer straws, could not make one required size, and wasted much material.
He also said the company did not properly fix the problems or provide important documents.
The company argued that he had bought a standard, lower-priced machine and that its performance depended on how it was operated.
An independent expert found serious problems and said the machine was not working properly.
The consumer court decided that the company had not delivered what it promised.
It ordered the company to return the purchase price and pay extra money for the trouble caused.
The machine must be returned to the company.
The Ernakulam District Consumer Commission ordered the manufacturer to refund Rs 10.62 lakh for a defective paper-straw-making machine.
The machine allegedly produced less than promised, could not make 10 mm straws, and generated significant wastage.
An independent expert found problems in the paper-rolling and cutting units and reported that the machine was non-operational.
The commission also awarded Rs 1 lakh for business disruption and hardship, plus Rs 25,000 in litigation costs.
The company must collect the machine and available accessories at its own expense after the refund.
- Who
- A 33-year-old paper-straw venture operator and the machine manufacturer were involved; the Ernakulam District Consumer Commission issued the order.
- What
- The commission ordered a refund of Rs 10.62 lakh, Rs 1 lakh in compensation, and Rs 25,000 in litigation costs for a faulty paper-straw-making machine.
- Where
- The case was decided by the Ernakulam District Consumer Commission in Kerala.
- When
- The machine was received in August 2020, was moved in August 2021, and the commission’s order was dated August 31.
- Why
- The commission found that the machine failed to meet represented performance, had unresolved defects, and was not accompanied by promised installation and warranty documentation.
Buyer and Consumer Commission
Machine Manufacturer
Machine performance
Buyer and Consumer Commission
The buyer said the machine produced only about 80 straws per minute instead of the promised 90–150, while an independent expert found output of 92 against a specified 160–240 per minute and identified serious defects.
Machine Manufacturer
The company argued that the buyer chose a standard machine rather than a more expensive high-speed model and could not reasonably expect the higher model’s output.
Wastage and operation
Buyer and Consumer Commission
The buyer reported approximately 25 per cent wastage, and the expert found around 20 per cent wastage; the commission said claims of zero or negligible wastage were misleading when not achieved.
Machine Manufacturer
The company said no industrial machine could operate with zero wastage, that normal wastage was 1–3 per cent, and that efficiency depended on operator skill and usage.
Installation and repairs
Buyer and Consumer Commission
The buyer said the company failed to properly install and commission the machine, provide the warranty certificate and manual, or fix defects despite repeated complaints; the commission accepted these deficiencies.
Machine Manufacturer
The company said its technicians had tested and successfully commissioned the machine and argued that the alleged defects were not supported by a contemporaneous technical report.
Key facts
- Machine price
- Rs 10.62 lakh
- Refund ordered
- Rs 10.62 lakh
- Additional compensation
- Rs 1 lakh for loss of use, business disruption, inconvenience and hardship
- Litigation costs
- Rs 25,000
- Reported output
- The complainant alleged about 80 straws per minute; an expert reported 92 against a specified capacity of 160–240 per minute
- Other defects
- The machine could not produce 10 mm straws and had approximately 20 per cent wastage, according to the expert report
- Return requirement
- The buyer must make the machine and available accessories ready for collection by the company
Quotes
Ernakulam District Consumer Commission
Kerala consumer commission that adjudicated the machine buyer’s complaint
“The failure of the opposite party (machine company) to properly install and commission the machine, provide the warranty certificate and operating manual, rectify the defects within a reasonable time, and ensure that the machine attained the represented performance amounts to negligence and deficiency in service”
indianexpress.com
Sources
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