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G.G.LONEY, M.G.GAVAI, ELLEN DHARKAR
NATIONAL SPORTS CLUB OF INDIA – Appellant
Versus
MUKESH GANJAWALA – Respondent


Advocates:
Counsel for the Parties :
For the Complainant :Mr. V.P. Sawant, Advocate.

ORDER

Mr. Justice G.G. Loney, President—The complainant, National Sports Club of India approached this Commission with the allegations that Ice-cube making machine (hereinafter referred as ‘machine’) purchased was defective. The opposite party no. 1 is the local dealer of the machine. The opposite parties Nos. 2, 3 and 5 are the manufacturers of the machine. The opposite party no. 4 was having a service contract of the said machine with the complainant According to complainant he purchased the machine, viz. “Refco” Ice Cube making machine for a consideration of Rs. 1,05,406/- on 10.7.90 from opposite party no. 1. The said machine was delivered to complainant on 6.11. 1990. There was guarantee for the effective working of the machine for a period of 12 months. The documents of guarantee are at Ex. ’A’ and ‘8’ of the complaint The complainant alleged that the machine was delivered to him without proper checking and testing which fact was complained by the complainant. However, the said machine was commissioned on 12.11.90 for the first time. Ex. ’C’ is the report as regards the starting of the machine. According to complainant, from the very inception, the machine was not in a proper











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