Mr. Justice S.A. Kader, President—This is a complaint under Section 17 read with Section 12 of the Consumer Protection Act.

2. The Opposite Party is manufacturer of Back Filling Machine, Calendering Machine and Damping Machine used for production of Binding Cloth. The Complainant placed an order with the Opposite Party for the supply of these machineries. The Opposite Party accepted the order and guaranteed performance for a period of one year from the date of commencement of the unit. The machineries were supplied on 31.3.199 0and erected on 12.4.1991. Some more parts were supplied on 5.8.1991. The machinery did not function properly even from the very beginning. According to the Complainant the Unit is a composite one and even if any one of the machineries is not working to its full capacity, the production of the finished fabrics will not be possible. On 17.8.1991, the Engineer of the Opposite Party found that there were defects in the machines and required rectification. On 7.9.1991 the Opposite Party promised to take all measures for speedy rectification and asked the Complainant to bear with them. But nothing was done as promised inspite of repeated requests. The Complain