SARDAR ALI, S.CHAKRAVARTHY
AJAY MURDIA – Appellant
Versus
INDCHEM ATL LTD. – Respondent
Dr. S. Chakravarthy, Member — Indchem ATL Limited (respondent hereafter) is a corporate body engaged in the business of manufacturing and marketing of electronic medical equipments like Ultrasound Diagnostic Scanners with the technical know-how from medical equipment specialists like Advanced Technology Laboratories, USA. It has a factory at Perungudi, Chennai, with service outlets in some of the major cities in India. A complaint was received from Dr. Ajay Murdia (applicant hereafter), who is running a clinic in Udaipur, Rajasthan under the name and style of Indira Infertility Clinic and Research Centre stating that on the promise of the respondent that an Ultra Sound Scanner-Ultra Mark-IV could be supplied by September, 1990, he paid an amount of Rs. 1,00,000/- to the respondent as advance on 9th May, 1990. The Scanner is used for detecting the causes of infertility. It was also assured to the applicant that he would be trained in In Vitro Fetilisation (IVF for brief) in USA, to enable him to use the Scanner ordered by him for the clinic. The respondent promised to impart training for a period of six weeks. Despite receiving an amount of Rs. 8.9 lakhs towards the full price
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