S.A.SHAH, LEELABEN TRIVEDI
PIONEER ELECTRIC FURNACE MANUFACTURERS – Appellant
Versus
GESTETNER INDIA LTD. – Respondent
Mr. Justice S.A. Shah, President—On reading the advertisement and other facts, the complainant has purchased a photocopier machine from M/s. Indian Duplicator Company Limited. This company has subsequently changed to Gestetner India Limited. It appears that the complainant has purchased the photocopier machine in the year 1982 in good faith believing that the performance parameters promised by the opposite party to be true. According to the complainant the photocopier machine became non-functional within few months. The complainant had to constantly requisition the services of the opposite party for setting right the photocopier. However, according to the complainant, there was inherent manufacturing defect in the machine and, therefore, with all the best efforts the opposite parry could not make the machine work with the result that the complainant has incurred heavy expenditure for getting the photo copying done outside with job worker.
Another allegation is that they were foreced to buy special type of tissue paper from the opposite party only since the opposite party had warned that unless paper was purchased from the opposite party they would not take any liability or resp
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