H C L LIMITED Vs. KRISHNA XEROX SERVICE

JUDGEMENT

(1.) This appeal is directed against order dated 26.3.1998 directing the present appellant to refund Rs.61,200/- being the cost of xerox machine within a month from the date of receipt of the order. The appellant was further directed to pay interest on the amount @ 12% per annum from the date of receipt of the order till payment. The cost of Rs.300/- was awarded in favour of the complainant. The prayer for compensation was however rejected by the Forum.

(2.) The case of the complainant is that it purchased a xerox machine from the O. P. for a consideration of Rs.61,200/-. The machine was delivered to it on 3.1.1995. Since the installation the machine failed to give satisfactory service. The complainant brought this matter to the notice of the O. P. who stated that the drum was responsible for copying, was out of order. The complainant claimed replacement of the machine, but, without any result. Hence, this case for refund of consideration money and compensation.

(3.) The case was contested by the O. P. by filing a written statement wherein it has been stated that the instructions to operate the machine have not been strictly followed resulting in high cost per copy. According to the O. P. the machine should be installed in a dust free room so as to avoid any breakdown and the complainant having not properly operated the machine and not keep the said machine in a dust free room, the complication developed.