SUPER ENGG CORPORATION Vs. MAHESHWARI BROS

JUDGEMENT

(1.) Three appeals are disposed of by this judgment. All three appeals have been preferred from an order passed by the MRTP Commission (hereinafter referred to as 'the Commission') on 31st May, 1996.

(2.) The basis of the three complaints related to an offset machine which had been delivered by the appellant to the respondent in February 1987 at a price of Rs. 1,04,000/- (Rupees one lakh four thousand). It appears that the respondent had written to the appellant claiming that the machine was not performing satisfactorily. According to the appellant it had deputed its engineers to look into the complaint and necessary steps were taken to rectify what the appellant claims were feeling troubles. However, the respondent persisted with his complaint and ultimately filed the first complaint before the Commission, being UTPI No. 264/87. While that complaint was pending, an attempt was made to reconcile the disputes between the parties by the National Small Industries Corporation Limited (for short 'NSIC').

(3.) It appears from the letter dated 4th July, 1987 written by the NSIC to the respondent that this effort was made by the NSIC because of a complaint lodged by the respondent with it on 25-4-1987. NSIC had called for a response to the complaint of the respondent and has recorded in its letter that :