BIOMEX INSTRUMENTS PVT LTD Vs. AJAY MADAN

JUDGEMENT

(1.) This appeal has been filed by Biomex Instruments Private Limited, 907, Industrial Area, Phase-II, Chandigarh through its Managing Director against the order passed by the District Consumer Disputes Redressal Forum-II, U. T. , Chandigarh on 24.2.2000 in Complaint Case No.433 of 1996 filed by the respondent/complaiannt Dr. Ajay Madan practising near Jagadhari Gate, Ambala City and running Madan Ultra Sound and IVF Centre.

(2.) The complainant did his post graduation in medical profession and started his private practice in the City of Ambala. He had set up the said Madan Ultra Sound and IVF Centre at T. B. Hospital Road near Jagadhari Gate. As per the averments made in the complaint, the complainant placed an order for purchasing Ultra Sound Scanner and other attachments with the appellant/opposite party in the complaint case. The appellant Biomex Instruments (P) Ltd. submitted its quotation for supplying the said Ultra Sound Scanner and other attachments on 28.7.1994. The copy of the quotation has been filed in the complaint as Appendix-A. As per the quotation aforesaid, the complainant was required to deposit the sum of Rs.1,75,000/- as 25% advance and the balance amount of Rs.5,25,000/- was to be paid subsequently and then the said machine was to be despatched to the complainant. The appellant assured one year guarantee against any manufacturing defect in the equipment supplied to the complainant against his order. The complainant sent a bank draft for a sum of Rs.1,75,000/- drawn at Allahabad Bank, Ambala City. A photostat copy of the bank draft has been filed as Appendix-C. On receipt of the bank draft, the appellant Biomex Instruments (P) Ltd. issued a receipt Appendix-D in respect of aforesaid bank draft of Rs.1,75,000/-. The aforesaid equipment was manufactured in the United States of America by M/s. U. Tech Products, INC, Post Box 3966, Albany, New York. Vide letter Appendix-E, the appellant wrote to the respondent M/s. Madan Ultra Sound and I. V. F. Centre that the Ultrasound machine is ready for despatch with their principals M/s. Utech Products, U. S. A. and as such the 75% of the price of the machine, being the balance amount be deposited immediately so as to enable the appellant to retire the documents from the Bank to pay customs duty, etc. and to avoid demurrage. It was assured that the unit will be despatched within 48 hours from the date of receipt of 75% payment. Another letter Appendix-F was sent to the complainant on 15.8.1994 by the Biomex Instruments (P) Ltd. intimating that the Ultra Sound Machine was ready for despatch.

(3.) Placing reliance on the assurance of Biomex Instruments (P) Ltd. (appellant), the complainant applied for loan to the Haryana Financial Corporation, Ambala City for the purchase of Ultra Sound Machine. The loan was sanctioned to the complainant for the said purpose. The Haryana Financial Corporation issued a Draft No.537352 for a sum of Rs.5,25,000/- in favour of Biomex Instruments (P) Ltd. The said draft was deposited by the Biomex Instruments (P) Ltd. in its account at Chandigarh on 17.8.1994.