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S.S.SANDHAWALIA, BASANTI DEVI, S.KULWANT SINGH
B. S. SINGLA OF DISTRICT AMBALA – Appellant
Versus
CHAIRMAN/MANAGING DIRECTOR INDCHEM ATL LIMITED – Respondent


Advocates:
Counsel for the Parties:
For the Complainant:Mr. D.C. Dhaula, Advocate.
For the Opposite Parties:Mr. K.B.S. Raju, Advocate.

ORDER

Mr. Justice S.S. Sandhawalia, President— For the limited purpose of up-holding the preliminary jurisdictional objection that the complainant is not a consumer under the Act, it seems wholly unnecessary to delve deeply into the facts or the merits.

2. It suffices to mention that on Dr. B.S. Singla's own showing, he is a medical professional who is running a prestigious clinic-cum-hospital at Panchkula. For the requirements thereof, he purchased an ultra-sound machine 4500 of the value of Rs. 3,74,800/- from the opposite party M/s. Indchem Atl Limited. This was installed in the clinic of the complainant on the 21st of November, 1991 and it is the case that it started functioning later on the 15th of December, 1991 and thereafter continuously mal-functioned despite the replacement of the transducer and other parts. Aggrieved by the defective goods supplied, the relief sought in the complaint is either the replacement of the said ultra-sound machine or failing that to pay a sum of Rs. 5,49,800/- with interest etc.

3. In the additional written statement filed on behalf of the opposite parties a firm stand has been taken that the complainant does not come within the ambit of the consu









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