KORES INDIA LIMITED Vs. BHASKAR PATRA

JUDGEMENT

(1.) The order of the District Forum directing the appellant to replace the copier machine by a defect-free new copier machine or to pay Rs.1,27,500 (price of the copier machine) to the respondent No.1 together with Rs.3,000 as compensation and Rs.500 as cost is the subject matter of challenge in this appeal.

(2.) The respondent No.1 filed complaint against the appellant and respondent No.2 alleging as follows: he purchased one Kores automatic plain paper copier D. C.1755 from the respondent No.2 on payment of Rs.1,27,500. The said copier machine was delivered to him on 24.2.1995 by the appellant through respondent No.2. After using the copier machine for about 10 days it started giving trouble for which complaint was made to the respondent No.2 for immediate rectification.

(3.) The Service Engineer of respondent No.2 attended the machine. After some days it again gave trouble for which he had again lodged complaint. The Service Engineer again attended the machine and replaced some parts but its functioning was not as satisfactory as it should have been due to such frequent development of trouble, he had to sustain financial loss which affected his livelihood. He accordingly, requested for replacement of the copier machine which was not heeded. In the circumstances, he had no other alternative than to file a complaint.