Mr. R.K. Anand, Acting Chairman—The applicant has filed an application under Section 12B of the MRTP Act, 1969 charging the respondent with adoption of and indulgence in unfair and restrictive trade practices and claiming compensation of Rs. 2,34,876/-. The grievance of the applicant is that he purchased a photocopier machine from the respondent, Modi Xerox Limited and paid an amount of Rs. 68,432.50 but the machine supplied by the respondent did not give satisfactory service and the respondent also could not arrange regular supply of consumable spares as per its assurances and promises.

2. A notice in respect of the applicant’s compensation application was issued to the respondent and in reply thereto, while denying the charge of unfair and restrictive trade practices, it has been stated that no misleading representation or misrepresentation was made to the applicant and the advertisement which appeared in the month of August, 1996 could not have applied to the machine sold and supplied to him in September-October, 1994. It has been pointed out that the photocopier machine model ‘Modi Xerox - 5212’ was purchased by the applicant on 30th September, 1994 and it was installed in