USHA RANI BHUNIA Vs. BEE ELECTRONICS MACHINE LTD

JUDGEMENT

(1.) Heard learned Counsel for both sides. This appeal is directed against order dated 30.3.1999 whereby the Forum dismissed the complaint by giving opportunity to the O. Ps. to repair the machine and supply tonners against payment according to T. S. S. Scheme. Learned Counsel for the appellant submits that the xerox machine was acquired by the complainant for self-employment to earn her livelihood without a sense of commercial purpose by employing a worker on regular basis. It is clear that the said xerox machine developed trouble after purchase. The O. P. having not set right the defects the complainant approached the Forum. The Forum was of the view that since the purchase was made for commercial purpose the complainant cannot be regarded as a onsumer. This finding of the Forum has been challenged in appeal. Learned Counsel for the appellant submits that since it was for self-employment the finding of the Forum cannot be supported. In this connection he has relied upon a decision of the Hon'ble Supreme Court reported in 1997 (1) CPR page 30. The learned Counsel for the appellant submits that the complainant has approached the respondent on a number of occasions but she was not granted any relief nor was the machine was repaired. In view of the decision of the Hon'ble Supreme Court we think that the judgment of the Forum cannot be supported. The same is, therefore, set aside and the respondent is directed to repair the machine to the satisfaction of the complainant within a period of one month from this date without charging anything therefor. With this observation, the appeal be disposed of.