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2003 Supreme(UK) 28

K.D.SHAHI, SURENDER KUMAR
H. C. L. Ltd. – Appellant
Versus
Balbir Singh – Respondent


Advocates Appeared:
Sh. B.S. Banthia: for Appellant
Sh. Vikas Mallik :for Respondent

JUDGMENT

1. This appeal has been filed by the H.C.L. Company against the order dated 27-01-2000 passed by the District Forum, Hardwar.

2. The complainant purchased a Photocopier Machine from the respondent No.1, H.C.L. Company by taking' a loan from the Nigam, respondent No.2 & 3. There was a warranty of 90 days but the machine was defective from the very beginning. The' complainant put several letters but the machine was not repaired. He had spent Rs. 4250/- in the repairs of the machine. 'Since, the machine was neither changes, nor repaired, nor any action on the notices were taken, the complainant filed the complaint.

3. All the opposite parties filed a written statement before the Forum but became absent. Therefore, the District Forum heard the complaint, ex-party. The complaint was allowed and the appellant was directed to replace the machine, to pay the cost of repairs and to pay a compensation of Rs. 5000/- along with a cost of Rs. 1000/- as cost of litigation. Against this order, the present appeal has been filed. .

4. Before the lower court, the appellant did not take any part in the proceedings except filing the W.S. and affidavit but became absent. In the' absence, the writ







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