V.S.KANDASAMY, E.J.BELLIE
SUPERIOR AIR PRODUCTS LTD. – Appellant
Versus
VIMALA HOSPITALS (P) LTD. – Respondent
Thiru Justice E.J. Bellie, President—The two opposite parties who are the Sales Officers of M/s. Superior Air Products Ltd., are the appellants. The complainant, Vimala Hospitals (P) Ltd., Dindigul (respondent herein) purchased from the opposite parties an Anaesthetic machine for a sum of Rs. 1,25,606/- and the machine was installed in the complainant hospital on 5.3.92. According to the complainant, the machine was found to be defective and inspite of requests made to the opposite parties they failed to rectify the same. On 8.2.93, the complainant wrote to the respondent pointing out the defects. On 11.2.93, the 1st opposite party sent a reply promising to depute their engineer to service the equipment, but they did not do so. Because of the delay on the part of the opposite parties in rectifying the defective machine the complainant purchased a new machine on 31.10.92 for Rs. 35,600/- from M/s. Sophy Surgical Company, Madurai. On these grounds the complaint has been filed for directing the opposite parties to pay the complainant hospital a sum of Rs. 2,00,000/- and for the costs of the complaint.
2. In the written version filed by the opposite parties it is contended that the
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