Z S TRADERS Vs. DIRECTOR SIEMENS LTD

JUDGEMENT

(1.) In this appeal order dated 14-8-1997 of Jammu and Kashmir State Consumers Protection Commission, (hereinafter for short State Commission), established under the provisions of Jammu and Kashmir Protection Act, 1987 (hereafter referred as Act) of dismissal of complaint of Appellant for recovery of cost of X-Ray Plant supplied by Respondent No. 1 to Appellant (with charges incurred in transportation) or return of this alleged defective plant and for compensation.

(2.) The factual matrix of the case necessary for our present purposes, follow hereafter.

(3.) Z. S. Traders, a Pharmaceutical distributing concern with its principal place of business at Municipal Road, Srinagar (facing District Police Lines, Srinagar) through its proprietor, on discussions and understanding with one Mr. Muzaffer Iqbal, Respondent No. 2, Engineer-cum-Representative of SIEMENS Ltd. Respondent 1, placed an order with Respondent No. 1 on 27-8-1994 for supply of X-Ray Plant 300 MA (Polyskop II) including Spot Film Device Kit and other accessories. The plant was to be handed over at Srinagar on the basis of home delivery and installation was to be carried out by the SIEMENS Ltd. In all cost of plant along with accessories was Rs. 5.00 lacs, to which Rs. 25,000/- was to be added as additional cost of Spot Film Device Kit and in all the bargain was struck at Rs. 5.25 lacs.