SUBHAG MAL JAIN Vs. MODI XEROX LIMITED

JUDGEMENT

(1.) The applicant has filed an application under Sec.12b of the MRTP Act, 1969 charging the respondent with adoption of and indulgence in unfair and restrictive trade practices and claiming compensation of Rs.2,34,876/-. The grievance of the applicant is that he purchased a photocopier machine from the respondent, Modi Xerox Limited and paid an amount of Rs.68,432.50 but the machine supplied by the respondent did not give satisfactory service and the respondent also could not arrange regular supply of consumable spares as per its assurances and promises.

(2.) A notice in respect of the applicant's compensation application was issued to the respondent and in reply thereto, while denying the charge of unfair and restrictive trade practices, it has been stated that no misleading representation or misrepresentation was made to the applicant and the advertisement which appeared in the month of August, 1996 could not have applied to the machine sold and supplied to him in September-October, 1994. It has been pointed out that the photocopier machine model 'modi Xerox - 5212' was purchased by the applicant on 30th September, 1994 and it was installed in the premises of the applicant on 10th October, 1994. It has been further stated on behalf of the respondent that the photocopier in question, carried a warranty of 90 days or 50,000 copies whichever occurred earlier and the warranty conditions are printed on the reverse of the proforma invoice of 30th September, 1994.

(3.) On completion of pleadings, the following issues were framed : (i) Whether the respondent has indulged in or has been indulging in the restrictive and unfair trade practices as alleged in the Compensation Application (ii) Whether the applicant has suffered any loss or damage as a consequence of the alleged unfair and restrictive trade practices (iii) The compensation to which the applicant is entitled