SHIVPRASAD PAPER INDUSTRIES Vs. SENIOR MACHINERY COMPANY

JUDGEMENT

(1.) The appellant was the complainant before the State Commission where he had filed a complaint alleging deficiency in service on the part of the respondent- M/s. Senior Machinery Company, Pune.

(2.) Very briefly, the facts of the case are that the appellant/complainant purchased "Sensor 90 Automatic Roll-O-Line Machine" on 25.11.2003 which was installed in the premises of the appellant on 3.12.2003. The equipment carried a guarantee for one year. It was stated that the equipment developed certain defects during warranty period and defects are continuing. Admittedly, the price of the equipment was Rs. 14,04,400 but the complainant, to date, has paid only Rs. 12,40,400. It was also stated in the complainant that the remaining amount has not been paid for the simple reason that there are defects in the equipment stated. In these circumstances, a complaint was filed for refund of the amount along with the interest and other reliefs. The State Commission, after hearing the parties and considering the reports of the Local Commissioner appointed by it passed the order granting the following reliefs:

(3.) Not satisfied with these reliefs, this appeal has been filed before us seeking refund of the 'purchase-price' and also certain other damages by way of compensation and loss of business.