CHHATTISGARH STATE

CONSUMER DISPUTES REDRESSAL COMMISSION,

PANDRI, RAIPUR (C.G).

Appeal No.FA/14/462

Instituted on : 02.07.2014

Dr. Ravindra Thawait, S/o Shriram Thawait,

Pathology Lab,

Kazi Manzil, Jail Road,

Raipur (C.G.)

… Appellant

Vs.

1. Siemens Healthcare Diagnostics Limited,

Registered Office & Plant 589, Sayajipura, Ajwa Road,

Baroda – 390 019

2. Bayer Diagnostics India Ltd.,

Registered Office & Plant 589m Sayajipura, Ajwa Road,

Baroda – 390 019

3. Allied Diagnostics,

Ground Floor, Bhatia Complex,

Opposite Rajkumar College, G.E. Road,

Raipur (C.G.)

… Respondents

PRESENT :

HON’BLE SHRI JUSTICE R.S. SHARMA, PRESIDENT

HON’BLE MISS HEENA THAKKAR, MEMBER

HON'BLE SHRI D.K. PODDAR, MEMBER

COUNSEL FOR THE PARTIES :

Shri K.K. Sharma, for the appellant.

Miss Shutapa Shah & Shri V. Vijay Rao, for the respondent No.1.

None for the respondent No.2 & 3.

ORDER

DATED : 22/06/2015

PER :- HON’BLE SHRI JUSTICE R.S. SHARMA, PRESIDENT.

This appeal is directed against the order dated 22.05.2014, passed

by District Consumer Disputes Redressal Forum, Raipur (C.G.)

(henceforth “District Forum”) in Complaint Case No.501/2010. By the

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impugned order, the learned District Forum, has dismissed the

complaint of the appellant (complainant).

2. Briefly stated the facts of the complaint are that : the appellant

(complainant) is M.B.B.S., M.D. (Path. & Micro) and runs a Pathological

Lab, at Kazi Manzil, Jail Road, Raipur (C.G.), for earning his livelihood.

To facilitate his work, he wished to purchase Hematology Analyzer

hence enquired about the Bayer Advia 60 Hematology Analyzer from

the respondent No.2 (O.P.No.2), who has a tie up with respondent No.1

(O.P.No.1) for marketing the machines manufactured by O.P.No.1.

Vide his letter dated 02.12.2004 the Zonal Manager of respondent No.2

(O.P.No.2) had sent details about the Bayer Advia 60 Hematology

Analyzer and had also assured about the committed after sales services

and support. As the Bayer Advia 60 Hematology Analyzer suited to

the requirements of the appellant (complainant), he purchased one

Bayer Advia 60 Hematology Analyzer, from respondent No.3

(O.P.No.3), i.e. the local dealer of respondent No.1 (O.P.No.1) and

respondent No.2 (O.P.No.2), vide invoice No.116 dated 07.02.2005 for a

valuable consideration of Rs.5,50,000/- only and started using the Bayer

Advia 60 Hematology Analyzer at his Pathology Lab for earning his

livelihood. For purchasing the aforesaid Bayer Advia 60 Hematology

Analyzer, the appellant (complainant) had obtained finance from ICICI

Bank, Raipur. The appellant (complainant) had purchased the

aforesaid Hematology Analyzer with the hope that it will serve for a

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long time with the assured committed after sales services and support

from the manufacturer through its local dealer. That earlier the Bayer

Advia 60 Hematology Analyzer worked well and whenever any defect

developed it was rectified by the service engineers / technicians of the

OPs. Subsequently, the Analyzer developed a major defect as its

differential count stopped functioning since 15.05.2009. The appellant

(complainant) made several complaints to Mr. Rajendra Jain of

respondent No.3 (O.P.No.3). Even after the Warranty period, the

appellant (complainant) is entitled to avail services with regard to the

aforesaid analyzer yet nobody turned up for a long time. In the month

of July, Nagpur based technician Mr. Ashish came and repeatedly tried

to repair the Bayer Advia 60 Hematology Analyzer in the month of

July, August, September and October, 2009 but could not succeed.

During all these months, the professional work of the appellant

(complainant) suffered considerably. Finally Mr. Rajendra Jain was

requested to take the matter seriously. Then Mr. Jain sent a Pune based

engineer on 20.02.2010 who came and repaired the Bayer Advia 60

Hematology Analyzer o

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