JOSEPH CHARIAN Vs. GESTETNER INDIA LTD

JUDGEMENT

(1.) Having considered the facts and circumstances of the case we are satisfied that the petitioner purchased an electric plain paper copier Gestetner Model No.60 AZ with one cassette and its cover and other accessories for the purpose of use by the Children's Aid which is purely an educational and a charitable organisation. The Xerox machine was delivered to the petitioner on 31.10.91. Since its installation the Xerox machine was found to be totally defective and accordingly unservicable. The petitioner had made an advance payment of Rs.80,000/- (Rupees eighty thousand) towards purchase price to the opposite party and on delivery the total amount being 1,23,475.35p was paid to the opposite party. The opposite party gave a guarantee in writing in respect of the said Xerox machine for one year. The petitioner complained about the defects of the said machine and the opposite party's technicians tried to repair the said machine on more or less 16 occasions between 15.1.91 and 11.8.92 but they failed to repair the machine. Therefore, the petitioner finding no other alternative request the opposite party to replace the defective Xerox machine with a new one or in the alternative to refund all the money paid by the petitioner for the purchase of that xerox machine including the accessories. But the opposite party did not care to.

(2.) On perusal and consideration of the document placed before us we are satisfied that the xerox machine supplied by the opposite party which warranted manufacturer's attention undertake repairs on almost 16 different occasions over a period of one year had genuine inherent defects in the machine. It will not therefore serve the purpose for which it was purchased by the petitioner.

(3.) The matter was fixed for hearing with due notice to the OP for show cause, appearance and bearing on 13.11.92. But it was, only on 18.12.92 the OP appeared and prayed for time which was granted and accordingly the date was fixed on 13.1.93 as last change. On this date also the OP failed to submit Written statement or make submission before the Ld. Commission. Again on the basis of the prayer of the OP the date of hearing was further extended till 10.1.93. Even then on this date OP did not appear: Therefore, this ex-parte order is passed today.