ALFA TRANSFORMERS PVT LTD Vs. ELECTRONICS SYSTEMS

JUDGEMENT

(1.) Defect in goods purchased and deficiency in maintenance service is grievance of complainants. Complainant No.1 is a registered company being registered under the Companies Act, 1956 and complainant No.2 is its Managing Director.

(2.) Case of complainants is that No.3 is manufacturer of EPABX system which was supplied by its agents, 1 and 2 and was installed by them in the business premises of the complainants. s paid Rs.57,395.85 paise in three cheques dt.14.8.91, 12.9.91 and 29.9.91. were to obtain permission from Telecom Department for operating the same. No such permission having been obtained, the system is not functioning although installed since July 1991. Blockage of huge amount is suffering of the complainants.

(3.) Opposite Party No.3 stated in reply that it is not the manufacturer of EPABX (Electronic Private Automatic Branch Exchange) and it did not supply the same to complainants. Opposite Party No.1 sold the same on order dated 2.7.1991 of the complainant No.2 (as to Annexure-A to the show cause) for which complainant No.2 paid the price to supplier as would appear from invoice dated 29.7.1991 (Annexure-B ). Manufacturer of the goods supplied in the Real Time System (P) Ltd. , New Delhi which is not a party. There was no condition that Opposite Parties would obtain permission of Telecom Department. Opposite Party No.1 sold and Opposite Party No.2 installed and after installation it functioned satisfactorily. Defects when found were rectified. Opposite Party No.3 is selling agent of the manufacturer and Opposite Party Nos.1 and 2 are dealers.