We had purchased one 500 kg /hr. capacity coal/wood fired boiler from M/S. Lal Sons & Co. A-45, Mayapuri Industrial Area, Phase-1 (Behind Bengali Sweet House) New Delhi-110 064 vide Invoice No. 759 dt. 24.12.08 for Rs. 196095/- plus freight from Delhi to Guwahati Rs. 14000/-. The manufacturerer declared that the boiler does not come under Indian Boiler Act and neither any registration is required nor any certified boiler attendent is required as per ACT.
Accordingly we had installed the boiler and had a trial run in the 1st week of April. But, the Chief Inspector of Boiler, Assam inspected the boiler on 05.04.09 and pointed the defects that boiler was found running without any steaming order and boiler operator as required under rule.
Further, we were served a showcause notice by Chief Inspector of Boiler, Assam pointing out that the boiler was not registered under Indian Boiler Act, 1923 and no steaming certificate authorizing use of the boiler was granted by the office of CIB, Assam. Also we were to show reason why legal proceedings/prosecution should not be initiated against us as per cection 23 and 24 of the Indian Boiler Act, 1923 (as amended) for gross violation of Section 6, sub section (c) and (e) of section 6 and section 15 of the Act.
We had informed M/S. Lal Sons & Co. through e-mail stating the whole fact attaching the copy of inspection report and requested them to issue test certificate etc. for regn of boiler. But the manufacturer did not forward us the requisite documents required for regn of the boiler. On 20.05.09 we again requested the manufacturer through regd. post to either provide us the requisite certificates to enable us to use the boiler or to replace the same. We also requested them to refund the payment and other expences incurred for installation of the same and to take back the boiler.
We suffered huge loss as our production was badly hamperred due to stoppage of boiler. We had to purchase another boiler and installed the same and started working in July.
But, the manufacturer has not done anything to resolve the issue and to compensate us for the loss suffered.
We fill, that (1) M/S. Lal Sons & Co. should refund the entire amount paid by us alongwith other expences incurred in installation of their boiler and should take back the boiler (2) They should suitable compensate us for loss of production, mental agony, loss opf reputation etc.
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