ORDER :

J.M. MALIK, PRESIDING MEMBER

1. The main question which falls for consideration is ‘whether M/s. Ajmer Hospital and Research Institute purchased Logic 500 Pro Whole Body Colour Doppler Ultra Sound Echo Cardiography machine worth Rs. 22,50,000 from the opposite party/petitioner, M/s. Wipro G.E. Healthcare Pvt. Ltd., formerly known as Wipro GE Medical System Pvt. Ltd., for commercial purpose’?

2. Both the Fora below have directed the petitioner/opposite party to refund the said money with interest @ 9% p.a. and pay costs of Rs. 2,000.

3. Aggrieved by that order, the petitioner has filed this revision petition.

4. We have heard the learned Counsel for the parties.

5. Learned Counsel for the complainant/respondent has invited our attention to few facts. There is a letter dated 27.6.2001, which clearly mentions “Ajmer Hospital And Research Institute I-GA-15, Vaishali Nagar, Ajmer 305001 (A public and Charitable Trust). In the middle of the letter, it was mentioned:

“As per telephonic discussion with Mr. Ganesh Prasad the firm will supply the following things with the original equipment supply free of cost as per their marketing budgetary programme considering our organization as a publ