C.L.CHAUDHRY, J.K.MEHRA, RAJYALAKSHMI RAO, B.K.TAIMNI, D.P.WADHWA
C. P. MOOSA – Appellant
Versus
CHOWGLE INDUSTRIES LTD. – Respondent
Mrs. Rajyalakshmi Rao, Member—This appeal is filed by Mr. C.P. Moosa, the present appellant against M/s. Chowgle Industries Ltd. & Anr., the respondents, aggrieved by the order of the State Commission, Kerala dated 2.8.1994 in Complaint No. 213/92. The brief facts of the case are :
(1) The appellant is the Managing Director of Hotel Pritam, a one start Hotel in Thellichery in North Kerala. A sales representative of the respondent approached the appellant stating they are the pioneers in the field of EPABX System which is based on C-Dot technology and assured a faultless system with round the clock service. The appellant placed an order for the system on 9.8.1990 and paid fifteen percent of the total cost of Rs. 1,30,720.35 which included installation and commission charges. The equipment was installed on 18.1.1991 and having faced continuous problems in its working, many complaints were lodged dated 6.6.1991, 21.6.1991, 4.7.1991, 10.7.1991, 17.9.1991, 29.10.1991, 16.12.1991, 3.1.1992, 21.1.1992, during the warranty period which as per contract was from 5.5.1991 to 31.3.1992. During this period, service reports dated 1.7.1991, 12.7.1991, 19.8.1991, 30.9.1991 and 23.10.1991 have
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