(1) THIS appeal is directed against the judgment dated 13/7/1990 passed by the National Consumer Disputes Redressal Commission, New Delhi.

(2) IN May, 1984, the appellant imported phototype-setting machine from West Germany after opening a letter of credit in favour of the manufacturer M/s. H. Berthold, AG, Berlin. The respondent M/s. Monotype India Ltd., New Delhi is the agent and distributor of the manufacturing German Company in India. The machine was installed at the complainants business premises on 17/8/1984. But soon thereafter, it was found to be defective in many respects which were brought to the notice of the respondent who attended to the complaints between 17/8/84 and 23/3/87, but the machinery remained defective and could work properly only for 152 hours as against the expected run of 12500 hours.

(3) CONSEQUENTLY, the appellant filed a claim petition before the National Commission for a sum of Rs.11,22,000.00 for the loss suffered by them on account of the failure of the respondent to supply a defect free machine and to service and maintain the same in proper working condition.

(4) THE claim was dismissed by the Commission on the ground t