SAMON ELECTRONICS (I) PRIVATE LIMITED Vs. PEACH COMPUTERS

JUDGEMENT

(1.) BRIEFLY stated the facts are that M/s. Samon Electronics (I) Pvt. Ltd.(complainant) was having its registered office at Gurgaon. It had despatched its machinery Bare Board Tester Scan Plate vide courier XPS Cargo services No.NB17342 dated 1.1.2000 and the same was received by OP i.e. Peach Computers and Haren Shah, Managing Partner of M/s. Peach Computers on 4.1.2000. They had assured the complainant that they had located the defects for the purpose of repairing the same and would charge Rs. 39,300 as repair charges including taxes and sent their proforma invoice No. P/00513/01 dated 13.5.2000 demanding the aforesaid amount. Consequently, complainant had sent a sum of Rs. 33,000 vide draft No.525550 dated 1.7.2000 but opposite parties failed to deliver the machine after repairing it in spite of repeated requests and they felt sorry for not sending the machine vide letter dated 13.10.2000.

(2.) IN their reply opposite parties admitted that complainant had sent parts of the Bare Board Machine Tester called "Scanner" and Key Board" and the complainant had purchased the Bare Board Machine Tester as a second hand 8 years old machine from M/s. Globe Circuits, Delhi for less than Rs. one lac and the machine was defective and was not in working condition. They denied other allegations.

(3.) PARTIES adduced their evidence by way of affidavits.