KORES INDIA LTD Vs. SUDHA DIWAN

JUDGEMENT

(1.) The appellant is engaged in the manufacturing and sale of photocopier machine. Vide impugned order dated 2.8.2003, it has been directed to refund Rs. 97,500 towards the cost of the machine sold to the respondent as it was found to be defective from day one and also ordered to pay interest @ 9% p.a. from 13.2.1996 till the date of payment of Rs. 15,000 as compensation besides Rs. 100 as cost of litigation.

(2.) THROUGH this appeal, the appellant has assailed the impugned order firstly on the ground that the complaint was time -barred and secondly that there was no evidence on record that the machine in question had any manufacturing defect as there was minor defect of copy quality by using substandard paper, etc. The appellant has also relied upon the service report of its mechanic showing that the aforesaid defects were rectified and the machine was functioning properly. On the contrary, the respondent has produced several documents showing that machine was attended to by the mechanic of the appellant on as many as 11 occasions and several defects were pointed out. Some of these defects were as under:

(3.) SINCE the respondent is no longer interested in retaining the machine, no useful purpose will be served to compel the respondent to operate the machine which is not giving the desired result and has developed defects right from the beginning as on 11 occasions in the short duration of four months, the mechanic was sent to rectify the defect.