V.BALAKRISHNA ERADI, Y.KRISHAN, B.S.YADAV
REV. FR. FERDINAND KAYAVIL – Appellant
Versus
MAHAVIR GUPTA – Respondent
Mr. Y. Krishan, Member—The complainant is running Ozanam Eye Centre, Benziger Hospital at Quilon. According to the complainant this is being run by a registered charitable mission hospital administered by the Bishop of Quilon. It is engaged in providing treatment for eye patients for which purpose free eye camps are regularly conducted and poor patients are given medical and surgical care totally free. This institution is recognised by the Government of India from which it received a grant of Rs. 2 lakhs for purchasing new equipment so as to improve the medical services.
2. The complainant purchased an Argon Laser unit (Photo coagulator) with accessories for a total CIF value of US $ 30,000 from M/s. Universal Medical Products, USA with one year’s warranty. The purchase was negotiated in December, 1989 through M/s. Apu Impex, of which the Opposite Party is the M.D. Bombay and was installed in June, 1990, after providing the facilities required for the installation of the Argon Laser unit. The installation also done by the service engineer of the opposite party M/s. Apu Impex Bombay. The laser unit, however, first stopped functioning on 19th April, 1991. The service engineer of
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