X-MED SYSTEMS Vs. GHUNGAR MAL GULERIA

JUDGEMENT

(1.) M/s. X. Mod Systems, New Delhi and others have come up in appeal against the order dated 20th September, 1994 passed by learned District Consumer Forum, Yamunanagar, whereby the complaint of Dr. C. M. Guleria, claiming compensation for the supply defective X. Med unit by the appellants-respondents, has been allowed and appellants have been directed, either to replace the X. Ray Unit to the complainant or to refund Rs.1,20,000/- with 18% intetrest w. e. f.15.3.1993, as also costs and damages amounting to Rs.10,000/-.

(2.) According to the complainant, X. Med Unit purchased by him for the sum of Rs.1,20,000/- on 15.3.1993 was not giving satisfactory service from the very day of its installation as the X. Ray tube had to be replaced within 24 hours. Soon, thereafter second tube also started leaking, which too, had to be repaired by the appellants. Thus defect after defect came into notice and the machine did not give satisfactory service, for which the appellants had to be approached time and time again. Aggrieved by this deficiency in service on the part of the appellants and for the supply of defective machinery the complainant approached the District Consumer Forum, for replacement of the machine alongwith Rs.50,000/- as damages.

(3.) Though the notice of the complaint was duly received by the appellants, yet, no written reply was filed by them. However, their Counsel was duly heard, by the learned District Consumer Forum, who after considering the material on record, came to the conclusion that the machinery supplied was certainly defective as it did not give satisfactory service from the very first day of its installation. It was on that basis the complaint has been allowed.