VISHWA JYOTI PRINTERS Vs. MOLINS OF INDIA

JUDGEMENT

(1.) F .A. No. 106 of 1991 is an appeal against the order dated 21.3.1991 passed by the State Commission of Maharashtra awarding a compensation of Rs. 50,000/- to the complainant towards loss caused to him by deficiency in not properly servicing the printing machine supplied by the Appellant herein, and which was not found to be working properly from time to time and which failed to give the promised output. It also awarded interest at 14% on the compensation payable from the date of the complaint viz. 10.8.1990 till the payment of the amount awarded by the appellant herein to the complainant. Further order lays down that the compensation along with interest should be paid within 30 days from the date of receipt of the order by the appellant failing which interest would be payable at the enhanced rate of 18% per annum after the expiry of the period of thirty days.

(2.) BRIEFLY the facts are that M/s. Vishwa Jyoti Printers had purchased a printing machine from the Appellant M/s. Molins India Ltd. in October, 1988 for a sum of Rs. 1,22,350.90. The supplier had given a warranty to rectify the defects in the working of the machine for a period of one year after delivery.

(3.) AFTER considering the facts, the State Commission came to the conclusion that the printing machine in question was not giving the results as per the promise held out by the manufacturer even after repairs and therefore it did not conform to the performance specifications of the machine claimed by the supplier.