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K.R.UDAYABHANU, VALSALA SARANGADHARAN
Sheela Bernard – Appellant
Versus
Phil System Ltd. – Respondent


Counsel for the Parties:
For the Appellant:S. Reghukumar & T.L. Sreeram, Advocates.
For the Respondents:V.K. Radhakrishnan Nair, Advocate.

JUDGMENT

K.R. Udayabhanu, President —The appellant is the complainant in OP 84/99 in the file of CDRF, Kottayam. The case set up for the complainant was turned down by the Forum.

It is the case of the complainant/appellant that she purchased a Minalta Photo Copier from second opposite party who was the dealer for a total consideration of Rs. 1,35,000. The manufacturer is the 1st opposite party. The machine was installed on 27.5.1995, and within one week the machine developed defects. Frequently the defects have to be rectified. Thereafter on 19.1.96 the complainant entered into Meter Charge Maintenance Agreement(herein after to be mentioned as MCMA) with the opposite party on payment of Rs.10,000. As per the complainant she has to pay paise 30 per copy to the respondent and it was undertaken that the repairs, servicing and replacement of parts if necessary, will be executed free of cost by the opposite parties. Thereafter also the machine was found to be defective as there appeared black strips and white patches on the copies etc., resulting in wastage of paper. The service of the machine by the respondents were not timely or adequate. The machine cannot be worked subsequently. The o












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