Mr. Justice C.M. Nayar, Chairman—These proceedings arise out of the complaint dated 12th October, 1996 made by one Shri Neeraj Kumar Aggarwal, partner of M/s. Padampam Printo Compu Centre, 14/123A, Gopala Chambers, 1st Floor, Parade, The Mall, Kanpur - 208 001. The complainant alleged that he purchased the Laser Printer HP 5 from the respondent which has been found defective from the day one and the respondent failed to replace the defective laser printer. Therefore, the trade practice of supplying the defective printer and subsequently failing to replace the same, prima facie, amounts to attract an unfair trade practice within the meaning of Section 33A of the MRTP Act, 1969. Copy of the complaint dated 12th October, 1996 has already been placed on record. The Notice of Enquiry was issued and preliminary investigation report has been filed. The respondent submitted its reply dated 29th September, 1998 wherein it is categorically stated as follows :

(a) The customer approached us in May, 1996 for problem of dots in printouts, our organisation had launched a modified toner cartridge during this period to meet the Indian environmental condition, the customer was sent a modifie