ELECTROCOM MARKETING AND MANAGEMENT SERVICES Vs. DEPARTMENT OF HOSPITAL AND CLINICAL PHARMACY SERVICES MEDICAL COLLEGE HOSPITAL

JUDGEMENT

(1.) -THE above appeal is preferred from the order dated 31. 5. 2001 passed by CDRF, Thiruvananthapuram in O. P. No. 551/1999. It was filed by the respondent herein as complainant against the appellants as opposite parties claiming replacement of the defective UPS or in the alternative refund the price of the UPS with 18% interest and also for compensation for on the ground of deficiency in service on the part of the opposite parties. The claim put forward was denied and disputed by the opposite parties. It was contended that his complaint is bad for non-joinder of necessary party. Thus, the opposite parties repudiated claim put forward by the complainant. But the lower Forum accepted the case of the complainant to a greater extent and thereby the opposite parties are directed to pay Rs. 58,261 representing the price of the UPS with 16. 5% interest. The complainant has also been awarded a sum of Rs. 75,000 as compensation with cost of Rs. 1,000. Aggrieved by the said order the present appeal is preferred by the opposite parties.

(2.) WE heard the Counsel for the appellants/opposite parties and respondent/complainant. The learned Counsel for the appellants argued this case based on the grounds urged in the appeal memorandum and submitted that the UPS had manufacturing defect and so the manufacturer is to be made liable. But the complainant failed to implead the manufacturer as a party to the complainant. It is further submitted there was no deficiency in service on the part of the appellants/opposite parties. On the other hand, the learned Counsel for the respondent/complainant supported the finding and conclusions of the lower Forum. He further relied on Ext. P1 document produced from the side of the complainant. The respondent requested for the dismissal of the present appeal.

(3.) THE points that arise for consideration are: