MANJIT SINGH Vs. DHARAM PAL GUPTA

JUDGEMENT

(1.) This is a complaint filed by Manjit Singh against Dharam Pal Gupta, under Sec.12 read with Sec.17 (a) (i) of the Consumer Protection Act, 1986 (for short 'the Act') on 17.8.1992.

(2.) The complainant's case is that he is running the business of 'atta Chakki' at village Palsora, U. T. Chandigarh and that in order to expand his business, i. e. to increase his income, he contacted the respondent-company and purchased from them a Diesel Engine known as "kirlosker type Make Kumar" for Rs.48,883.50. The gist of the complaint is that the diesel engine supplied by the respondent-Company turned to be defective and that the stipulated performance parameters were not achieved and even though the complainant requested the respondent-Company to rectify the defects, their technicians were unable to remove the defects. The complainant there upon preferred this complaint praying that the respondent Company be directed to refund the price, paid or replace it, together with compensation for the loss and injury suffered by the complainant due to the negligence of the respondent.

(3.) The respondent-Company has filed a detailed written statement wherein they have stoutly refuted the contention of the complainant that the equipment supplied by them was defective. According to the respondent-Company, the complainant was to blame for the failure to have the desired performance, because he failed to replace Mobil oil of the engine in spite of the directions given by them.