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2015 Supreme(SC) 1121

JAGDISH SINGH KHEHAR, S.A.BOBDE
GMMCO Limited – Appellant
Versus
Ecovinal International Private Limited – Respondent


Advocate Appeared:
For the Appellant :Ramesh Singh and P.S. Sudheer, Advocates.
For the Respondent:Sandeep S. Tiwari, Yogendra Kumar Dwivedi (for Mr. Shiv Sagar Tiwari), Advocates.

ORDER :

Leave granted.

2. The respondent purchased a 250 KVA Cat Diesel Generator Set from the appellant on 09.12.2005. When the afore-stated generator set was installed at the factory premises of the respondent at Kunigal, it was found to be defective. The respondent brought the defects in the generator set to the notice of the appellant, and asked the appellant to either repair the same or to replace the generator set. The communication addressed by the respondent to the appellant did not receive any response from the appellant. It is therefore, that the respondent issued a legal notice to the appellant on 17.05.2006. The appellant did not respond to the legal notice.

3. The respondent thereafter initiated proceedings under the Consumer Protection Act, 1986 (hereinafter referred to as the 'Act') before District Consumer Disputes Redressal Forum, Bangalore, (hereinafter referred to as the 'District Forum'). Despite notice having been served of the said complaint on the appellant, the appellant did not enter appearance before the District Forum. The District Forum accordingly passed an order dated 2.11.2006 allowing the complaint of the respondent. The District Forum directed the appe










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