CONTINENTAL COMMERCIAL CO LTD Vs. MOUSUMI ROY

JUDGEMENT

(1.) This appeal is directed against order dated 13.9.1999 whereby the present appellants who were the O. Ps. before the Forum were directed jointly and severally to repair the disputed copier machine of the complainants to his satisfaction. It was further stipulated that in default thereof, the present appellants shall replace the said machine by a new one of same model.

(2.) The complainant purchased the copier machine from O. P.1 for a consideration of Rs.94,500/- on 20.2.1997. Since the purchase the Photocopier Machine was found to be defective. Accordingly, the complainant approached the O. P.1 for repair. The said machine was repaired on several occasions but it could not be set right. According to the complainant the failure of the O. Ps. in setting right the copier machine constituted deficiency in service.

(3.) The case was contested by O. Ps.1, 2 and 3 by filing written statements. Several objections were taken regarding the maintainability of the case. It was asserted that initially there were some operational defects. But later the defects were rectified to the full satisfaction of the complainant. However, the Forum rejected all the contentions raised by the O. Ps. and was pleased to pass the impugned order. Feeling aggrieved thereby the O. Ps.1 and 2 have appealed.