RADHIKA LITHO PRESS Vs. FUSER GRAPHIC EQUIPMENTS

JUDGEMENT

(1.) The complainant's case is that the offset printing machine purchased by him from the opposite party was not functioning properly and that inspite of some efforts taken by the opposite party it was still not functioning in a proper manner. In the additional complaint the complainant has stated that the machine which was supplied by the opposite party was not the one which was ordered by him. Hence, he approached this Commission with the following prayers -

(2.) The opposite party has refuted the allegations of the complainant and raised a preliminary objection as to the jurisdiction of the Commission.

(3.) It is first to be observed that both the parties have been using inappropriately the words "deficiency in service" or "unfair trade practice". The word "deficiency" arises only in case of "service". Here there is no question of service. It is a matter of purchase of goods in which there can be only defect. Secondly, "unfair trade practice" is defined very precisely under the Act and the specific relief to be granted is also indicated in the Act. Therefore, whenever there is defect in the goods people should not use the word "unfair trade practice" before the District Forum/State Commission.