1993 Supreme(Bom) 391
G.G.LONEY, M.G.GAVAI, ELLEN DHARKAR
Vannaji Ganeshlal and Co – Appellant
Versus
Avery India Ltd. – Respondent
JUDGMENT - Per Justice G.G. LONEY, President:---In this complaint the allegations are made as regards the defective sale of weighing machine. Shortly stated the facts are that the complainant's firm has been carrying on the business of Gold and Silver ornaments. The Opposite Party Avery India Ltd., manufacturers of electronic scale for weighing gold and silver. The complainant alleged that the sales man of the opposite party approached the complainant and persuaded him to purchase electronic scale of Avery Company. He assured complainant that the machine can be imported directly from London under OGL. He further assured the complainant that the Company is responsible for any defect in the said scale and that they will be giving one year free service to the complainant. It was also promised that the opposite party shall also enter into a contract for prompt service for its maintenance. The complainant alleged that he believed the oral representation made by the salesmen of opposite party and purchased one electronic scale manufactured by opposite party from London vide Invoice No. 303623 dated 24-7-1985. After purchasing the scale the complainant paid Rs. 450/- to the opposite part
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