SACHDEVA INDUSTRIES Vs. DEEP AGGARWAL & ORS

JUDGEMENT

(1.) BRIEFLY put, relevant facts are that M/s. B.N. Aggarwal and Company purchased one Electro Copier Machine and its accessories from petitioner on 25.2.1989 for consideration of Rs. 90,000. Petitioner, for installation and getting equipment functional, sent their Service Engineer - Sh. Pradeep Kakkar but the machine could not be made functional. Complaint was accordingly lodged by respondent - firm with petitioner. Allegedly, lot of correspondences transpired between parties in this context but no improvement could be brought to put the machine in order and despite assurances, there was no replacement of inoperative equipment. Eventually, pursuant to sending notice dated 3.5.1994 and on reluctance of petitioner for replacement of machine, a complaint case came to be filed with District Forum seeking relief among others, replacement of defective machine by a functional one or refund of consideration value along with cost by respondent. Since petitioner did not participate in proceeding that commenced before District Forum, proceeding was ex parte against them and District Forum in its conclusive finding directed petitioner to replace defective machine or in alternate, to pay Rs. 90,000 to respondent along with interest @ 18% p.a. along with cost of Rs. 500.

(2.) APPEAL preferred by petitioner did not find favour with State Commission which, however, regard being had to factual backgrounds and efflux of time, modified order passed by District Forum reducing interest from 18% to 9% p.a. The said finding recorded by State Commission is under challenge before us in revision.

(3.) VARIOUS contentions raised before State Commission are sought to be reiterated before us also. Contentions are raised that though equipment was purchased from M/s. Sachdeva Industries, notices were not sent by District Forum to said firm and that apart, complaint too, was not filed by Firm - M/s. B.N. Aggarwal. These contentions raised have been nicely dealt with by State Commission in its reasoned order which we appreciate, did not require repetition.