CONFIDENT DENTAL EQUIPMENTS LTD. Vs. DEVESH JAIN

JUDGEMENT

(1.) ON the allegation of having sold a highly defective dental chair to the respondent, which was suffering from manufacturing defect, the appellant has been vide impugned order dated 8.8.2008 directed to refund a sum of Rs. 1,62,000 depreciated cost of the chair with interest @ 9% per annum besides Rs. 10,000 as compensation and Rs. 3,000 as cost of litigation.

(2.) FEELING aggrieved the appellant has preferred this appeal.

(3.) CASE of the respondent in brief was that the respondent is a Dental Surgeon by profession. He purchased a Dental Chair from the appellant for Rs. 1,80,000 on 11.3.2005. The Dental Chair was causing problem to the respondent again and again. The functioning of the chair is defective from the very first day of its installation. The product was also substandard. Several complaints were lodged with the appellant. The engineer of the appellant visited and tried to repair the chair but the dental chair could not be rectified. The chair is lying idle and due to non -functioning of the equipment i.e. dental chair, the respondent suffered great loss in terms of money and reputation. The respondent termed the defective functioning of the machine as deficiency in service on the part of the appellant. The respondent prayed for direction to the appellant to refund the price of the chair, cost and compensation.