KIRAN MISHRA Vs. DENTSPLY INDIA PVT. LTD

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 19.10.2012 passed by Haryana State Consumer Disputes Redressal Commission, Panchkula (in short, 'the State Commission') in Appeal No. 885 of 2012 Dentsply India Pvt. Ltd. Vs. Kiran Mishra by which, while allowing appeal, order of District Forum allowing complaint was set aside and complaint was dismissed.

(2.) Brief facts of the case are that complainant/petitioner purchased one Ceramco 7.0 furnace 230 vat machine from OP/respondent for a sum of Rs.1,90,000/- on 2.9.2006. OP gave warranty of two years, but after installation, the machine was giving some problem for which, complainant contacted OP. The OP failed to remove the defects and failed to fulfil their part of agreement. Alleging deficiency on the part of OP, complainant filed complaint before District forum. OP resisted complaint and submitted that there was no manufacturing defect in the said machine and further submitted that if any defect developed in the machine, it was due to negligence on the part of complainant and prayed for dismissal of complaint. Learned District Forum after hearing both the parties, allowed complaint and directed OP to replace the furnace or refund the cost of machine along with 9% p.a. interest and further awarded Rs.5,000/- as cost of proceedings. Appeal filed by the respondent/OP was allowed by learned State Commission vide impugned order against which, this revision petition has been filed.

(3.) Heard learned Counsel for the parties finally at admission stage and perused record.