M.B. Shah, President—As agreed between the learned Counsel for the parties, the only question requiring consideration in this appeal is: —Whether M/s. Kurji Holy Family Hospital (Appellant) is entitled to file a complaint under the Consumer Protection Act, 1986 in case the machine (Swelab Auto Counter AC 920-11 Haematology Analyzer, in short ‘Swelab’) purchased by it, is found to be non-functional during the warranty period?

2. It is contended that the complaint was not maintainable as the machine is used for commercial purpose.

2A. As against this, it is contended by the Appellant that complaint is maintainable during the warranty period because for effective functioning of the machine, there is a warranty to provide services for its repair or replacement.

3. In our view, considering the facts of the case for the reasons recorded hereinafter the complaint is maintainable in the present case.

Facts:

4. In the present case, it is not disputed that on the basis of the agreement to purchase the Swelab entered into between Appellant/Complainant and the Respondents (Opposite Parties), the Respondents have installed Swelab Auto Counter AC 920-11 Haematology Analyzer (in short Swelab),