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1998 Supreme(J&K) 191

BHAWANI SINGH, SYED BASHIR-UD-DIN
Z. S. Traders – Appellant
Versus
Director SIEMENS Ltd. – Respondent


Advocates Appeared:
Advocate For Appellant: M.A. Makhdoomi
Advocate For Respondent: A.P.S. Ahluwalia
Advocate For Respondent: Hemant Malhotra
Advocate For Respondent: I.M. Nehvi

Syed Bashir ud-din J.

1. In this Appeal order dated 14.8.1997 of Jammu and Kashmir State Consumers Protection Commission,(herein-after for short state commission), established under the provisions of Jammu and Kashmir Consumers Protection Act 1987 (hereafter referred as Act) of dismissal of complaint of Appellant for recovery of cost of x-ray plant supplied by Respondent No.1 to Appellant (with charge incurred in transportation) or return of this alleged defective plant and for compensation.

2. The factual matrix of the case necessary for our present purposes, follows hereafter.

3. Z.S. Traders, a pharmaceutical distributing concern with its principal place of business at Municipal Road Srinagar (facing District police Lines Srinagar), through its proprietor, on discussions and understanding with one Mr. Muzaffar Iqbal, Respondent 2. Engineer-cum-Representative of SIEMENS Ltd. Respondent 1, placed an order with Respondent No. 1 on 27.8.1994 for supply of x-Ray plant 300 M.A (polyskop: II) including spot Film Device Kit and other accessories. The plant was to be handed over at Srinagar on the basis of home delivery and installation was to be carried out by the SIEMENS Ltd. In all co














































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