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DALIIYA SAHA, JHANTU DEBNATH
B. K. Petroleum – Appellant
Versus
Gilbarco Veeder Root India Pvt. Ltd. – Respondent
JUDGMENT
Heard Mr. Koushik Roy, learned counsel appearing on behalf of the appellant. Also heard Mr. Tapan Saha, learned counsel and Mr. Prabir Kumar Chakraborty, learned counsel appearing for the opposite parties i.e. the respondents herein.
2. The fact of the case in short is that M/s. B.K. Petroleum, engaged in retail selling of fuel for vehicles and bikes etc., had purchased a 7 kW Solar Electrical System from the respondents, M/s. Gilbarco Veeder Root India Pvt. Ltd. amounting to Rs.8,00,000/- and installed in the M/s. B.K. Petroleum building/premises for use in the petrol pump itself to reduce huge electricity cost and smooth running of the petrol pump. After one and half year of installation, the solar system had become functionless. The matter was communicated to the opposite party repeatedly to make it functional, but they have not removed the fault.
3. Being aggrieved, M/s. B.K. Petroleum made a complaint to the learned District Commission for relief. Learned District Commission in their order dated 13.01.2023 dismissed the complaint by observing that the subject solar system has been installed in the petrol pump for commercial purpose only and not for earning his liveliho
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