D SRIHARI RAO Vs. WIPRO GE MEDICAL SYSTEMS

JUDGEMENT

(1.) This appeal is against the order of the Andhra Pradesh State Consumer Disputes Redressal Commission passed in CD No. 26/2007. The complainant Dr. D S Rao had made a consumer complaint against M/s. Wipro G E Medical Systems, from whom he had purchased an equipment for Rs. 37 lakhs. The complainant, a doctor by profession had been running a diagnostic centre at Tirupati. He purchased a 4D colour Doppler Ultrasound Scanner system from the respondent on 14.5.2004, for Rs. 37 lakhs. According to the complainant, the equipment had working problems soon after the date of installation. The service team of the respondent could not repair and cure the problem. The complainant allegedly, suffered heavy financial loss as, on the one hand he had to continue paying the EMIs of Rs. 61,531/- a month and on the other, the machine continue to remain dysfunctional. His request to replace the machine was not agreed by the respondent. The complainant also came to know that the actual cost of the machine was only rupees 28 lakhs while he was made to accept a price of Rs. 37 lakhs.

(2.) The State Commission went into a detailed examination of the question whether the complainant had purchased the equipment for commercial purpose and if so, would it enable the complainant to invoke the jurisdiction of the State Commission? The Commission reached the conclusion that the complainant is not a consumer, within the meaning of section 2(1)(d) of the Consumer Protection Act, 1986. Therefore, the State Commission dismissed the complaint.

(3.) , This order of the State Commission is impugned before us in the present appeal proceedings. The appeal has been filed with a delay of 12 days. Considering the circumstances explained in the application to condone it, the delay is condoned and the matter taken up for consideration.