MANDEEP MAAN Vs. FORTUNE INTERNATIONAL

JUDGEMENT

(1.) THE appellant is running a Public Call Office on small basis to earn his livelihood. He purchased one Fortune 2009, STD PCO Monitor in the month of October, 2003 from M/s. Ess Ess Telesystems respondent No. 2 for a sum of Rs. 9500. It was manufactured by M/s. Fortune International respondent No. 1. Respondent No. 2 was a dealer of the manufacturers. The appellant was assured by the respondents before he purchased the monitor that it would give satisfactory results but after its installation, it was found that it was having manufacturing defect. It was not working properly and it was giving trouble from the day of its installation. The appellant was induced to purchase it by the respondents with malafide intention.

(2.) IT was further pleaded that the matter was brought to the notice of the respondents that the equipment was not working properly and was not giving desired results. The printer of the equipment also became faulty along with other equipment on 1.2.2004. Respondent No. 2 was informed on 3.2.2004, 4.2.2004 and 5.2.2004 but to no effect. Representations/reminders were also sent to the respondents. Ultimately. Jatinder Singh, functionary of respondent No. 2 took away the printer on 10.2.2004 in order to remove the defects and to make the apparatus functional. However, neither the defects were removed nor the printer was returned. Rather the working of the PCO of the appellant had come to a stand still. Alleging deficiency in service on the part of the respondents, the appellant filed a complaint against them in the learned District Consumer Disputes Redressal Forum, Amritsar (in short "the District Forum") for refund of Rs. 9,500 with interest. Compensation and costs were also prayed.

(3.) RESPONDENT No. l did not come present and was proceeded against ex parte .