KORES INDIA LTD Vs. SAMIR PURKAYASTHA

JUDGEMENT

(1.) THIS revision petition is against the order of the State Commission, Tripura, in Appeal No. CDRSC -13/94 dated 17,11.94. M/s. Kores (India) Ltd. and Anr. are the petitioners and Shri Samir Purkayastha, Proprietor, M/s. Automatic Photo State Centre, Office Road, Kailashahar Town (P.O.), District North Tripura, Tripura are the respondents. The brief facts of the case are that the respondent Shri Samir Purkayastha purchased a copier machine - Kores -72 SR 5765 90 -08 from the petitioner through their authorised dealer, who is petitioner No. 2 herein, on a payment of Rs. 39,000/ - and also paid Rs. 4,000/ - as installation charges. There was a warranty issued by the Company valid for six months from the date of installation or till the printing of 30,000 copies whichever was earlier. According to the respondent the machine never gave satisfactory results and in fact, it went out of order soon after the installation. Thereafter, it continued to be out of order although the petitioner Company removed the defects from time to time.

(2.) THE State Commission, Tripura, after going through the facts as well as hearing the Counsel for both the parties confirmed the order of the District Forum holding that the machine was defective at the time of its purchase by the complainant.