G.G.LONEY, M.G.GAVAI, ELLEN DHARKAR
SANJAY VINAYAK PANT – Appellant
Versus
CHETANA MACHINERY & PAPER MART – Respondent
Mr. Justice G.G. Loney, President — This isa very old complaint in which the complainant has alleged that the Off-set machine sold to him by the opposite parties was totally defective and, there- fore, he claimed replacement of the machine and loss sustained by him and also other ancillary reliefs.
2. The complainant was heard by this Commission and had decided it on 7.12.90. This Commission had held that the machine sold to the complainant was defective and, therefore, the manufacturer, the opposite party No. 2 was ordered to refund the amount of Rs. 3,15,007/- to the complainant. It was also ordered that the opposite party shall pay interest at the rate of 15% p.a. to the complainant. The aforesaid order was challenged by Super Engineering Corporation in Appeal No.17/ 91 before the National Commission at New Delhi. The National Commission set aside the order of this Commission dated 7.12.90 on the ground that no proper opportunity was given to Super Engineering Corporation for hearing them.
3. After aforesaid order of the National Commission, this Commission issued a fresh notices to all the parties and the complaint was fixed on 12.2.92. The notice was issued on 3.1.92 direct
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