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P.OJHA, J.B.GARG, SADA NAND
ALPHA DRUG INDIA LTD. – Appellant
Versus
H. C. L. LTD. – Respondent


Advocates:
Counsel for the Parties :
For the Complainant :Mr. Bhupinder Kakar, Advocate.
For the Respondents:Mr. S.P. Goyal, Advocate

ORDER

Mr. Justice J.B. Garg, President—The respondents supplied and installed a photocopier at the premises of the complainant on 29.6.89. Its total price was Rs. 92,995/-. Thereafter the complainant had been engaging the respondents for its maintenance from year to year under the agreements. It has been alleged that the photocopier remained non-functional/mal-functional at numerous occasions in August, October, ‘91, May, July, October and November, ‘92 described in Paras 14, 15 and 20 of the complaint. The complainant has alleged deficiency in the machines and also in the service which was agreed to by the respondent. The refund of the entire price of Rs. 92,995/- together with the interest @ 18%, in the alternative a new copier together with a sum of Rs. 30,000/- on account of deficiency has been claimed.

2. The respondents have filed a reply wherein it has been averred that whenever required they had been visiting the complainant and the occasional delay in providing service had been because the machine was shifted from Chandigarh to Lalru a near-by station.

3. On behalf of the respondents its Sale Manager Shri M.S. Sidhu filed an affidavit dated 18.4.95 but despite several adjourn




















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