VICE PRESIDENT HCL LTD Vs. UMESH CONSULTANCY SERVICES

JUDGEMENT

(1.) The District Forum, Hoshiarpur vide order dated August 14,1996 allowed the complaint of Umesh Consultancy Services, with the direction to the opposite party No.1-HCL Ltd. to replace photocopier machine and to pay interest on Rs.80.000/- @ 12% per annum with effect from June 8,1993 to the complainant qua the dealer-Jaico Computers, Jalandhar City opposite party No.10. The complaint was dismissed with costs of Rs.2,000/-. Hence two appeals before us - No.667 of 1996 by HCL Ltd. and 674 of 1996 by the dealer Jaico Computers.

(2.) In the appeal filed by Jaico Computers in short the claim of the appellant is for a direction to the complainant to pay the balance price of the machine of Rs.18,000/-, which the complainant had not paid, but the dealer had made the payment of this amount to the manufacturer. In the appeal filed by HCL Ltd. , the claim is for setting aside the order of the District Forum with respect to replacement of the machine as well as compensation amount in the form of interest awarded against the appellant.

(3.) Facts are brief - In 1993 Photo-copier Machine was purchased by Umesh Ohricomplainant. The total price of the machine was Rs.98.000/- and he had paid a sum of Rs.80,000/- at the time of booking of the machine with the dealer. The machine was installed. Immediately thereafter defect occurred in the machine. The correspondence was had by the complainant with the dealer as well as with the manufacturer. Failing to get the defect removed or the machine replaced, the complaint was filed.