R B SINGH Vs. NOVEX ENGINEERING COMPANY

JUDGEMENT

(1.) This is an appeal filed by Dr. R. B. Singh complainant before the. District Forum in case No.245/90 decided on 22-1-92. The appellant purchased an automatic machine SUMEET K-30 from M/s. Novex Engineering Company, Private Limited being the. authorised distributor of the said machine in Delhi on 20-2-88 for Rs.10,066/- with two years' guarantee. The appellant lodged a complaint before the District Forum on 6-2-90 against M/s. Novex Engineering Company, Private Limited alleging that the washing machine was defective and prayed that they should replace the machine, with two years further guarantee, and assure, its performance upto expectations for its full service life and they be directed to pay compensation for harassment and physical torture caused due to unsatisfactory performance of the machine.

(2.) The District Forum by its order dated 22-192 directed the respondent M/s. Novex Engineering Company, Pvt. Ltd. to replace the machine with the new automatic machine as is being manufactured these days or to refund the cost of the machine to the complainant along with Rs.5,000/- as damages within 60 days from the date of the order. The complainant has come up in appeal before us.

(3.) The complainant had not impleaded the manufacturer M/s. Sumeet Machines Pvt. Limited in his complaint dated 6-2-1990. The order dated 22-1-1992 passed by the District Forum is only against respondent No.1, the respondent impleaded by complainant i. e. M/s. Novex Engineering Company Pvt. Ltd. However, in his appeal dated 19th Feb. , 1992 the appellant (complainant in the District Forum) has impleaded both M/s. Novex Engineering Company Pvt. Ltd. as respondent No.1 and M/s. Sumeet Machines (Pvt.) Ltd. as respondent No.2.