MERCK LTD (FORMERLY KNOWN AS E MERCK (I) LTD & ORS Vs. HUBLI DIAGNOSTICS MEDICATE AND RESEARCH CENTRE PVT LTD

JUDGEMENT

(1.) APPELLANT was the opposite party before the State Commission, where the respondent/complainant had filed a complaint alleging deficiency in service on the part of the appellant.

(2.) BRIEFLY stated the facts leading to filing the complaint were that the complainant had purchased a 'Cell Analyser', from the appellant in the month of October 1998, after paying Rs. 5,39,215.69 which was installed in the complainant's diagnostic centre in February 1999. It was the case of the complainant that after installation, it was found that the equipment was not giving a correct reading, which was reported to the appellant/OP, upon which, they sent their Engineer to remove the defects, yet despite several efforts/visits, the performance of the equipment did not improve. It was the case of the complainant that there was inherent manufacturing defect and in these circumstances, a complaint was filed before the State Commission, where the matter was contested by the appellant and the State Commission after hearing the parties, allowed the complaint and directed the appellant to pay Rs. 5,39,215.69 along with interest @ 12% p.a. from the date of filing the complaint till realisation. Compensation of Rs. 25,000 and cost of Rs. 2,000 was also awarded. Aggrieved by this order, this appeal has been filed before us.

(3.) WE heard the learned Counsel for both the parties at considerable length and perused the material on record.