Dr. P.D. Shenoy, Member— The case of the complainant, in brief, is that the complainant ordered for a Nitrogen Generator with a capacity of 400NM3/hr whereas at no point of time after its installation and commissioning it reached a level of beyond 300NM3/hr. resulting in continuous loss to the purchaser

Pleadings of both the parties :

2.The complainant company, M/s. Jindal Drilling and Industries Ltd. had placed an order with opposite party No. 1, M/s. Indcon Engineers Pvt. Ltd. for the supply and commission of Nitrogen Generator which the opposite party No. 1 had undertaken to deliver by February, 1996 and to commission the same thereafter. The opposite party had also given warranty for the proper trouble free working. The value of the order was Rs. 73.424 lacs. As the equipment failed to give performance of the committed level, the complainant wrote several letters to O.P. No. 1. The complainant prayed that the opposite party may be directed to refund of Rs. 69,24,520 (Rupees sixty nine lacs twenty four thousand five hundred twenty only) which the opposite parties have received from the complainant along with interest @ 24% per annum.

3. The opposite parties in their reply have