CONFIDENT DENTAL EQUIPMENTS LTD. Vs. DEVESH JAIN
LAWS(DELCDRC)-2009-1-5
DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on January 21,2009

Confident Dental Equipments Ltd. Appellant
VERSUS
Devesh Jain Respondents


Referred Judgements :-

RAKESH ROAD CARRIERS VS. ASSOCIATED ROAD CARRIERS LIMITED [REFERRED TO]


JUDGEMENT

J.D.KAPOOR,PRESIDENT (ORAL) - (1.)ON the allegation of having sold a highly defective dental chair to the respondent, which was suffering from manufacturing defect, the appellant has been vide impugned order dated 8.8.2008 directed to refund a sum of Rs. 1,62,000 depreciated cost of the chair with interest @ 9% per annum besides Rs. 10,000 as compensation and Rs. 3,000 as cost of litigation.
(2.)FEELING aggrieved the appellant has preferred this appeal.
(3.)CASE of the respondent in brief was that the respondent is a Dental Surgeon by profession. He purchased a Dental Chair from the appellant for Rs. 1,80,000 on 11.3.2005. The Dental Chair was causing problem to the respondent again and again. The functioning of the chair is defective from the very first day of its installation. The product was also substandard. Several complaints were lodged with the appellant. The engineer of the appellant visited and tried to repair the chair but the dental chair could not be rectified. The chair is lying idle and due to non -functioning of the equipment i.e. dental chair, the respondent suffered great loss in terms of money and reputation. The respondent termed the defective functioning of the machine as deficiency in service on the part of the appellant. The respondent prayed for direction to the appellant to refund the price of the chair, cost and compensation.
As against this the version of the appellant before District Forum was that it admitted the sale of dental chair for Rs. 1,80,000 to the respondent, it also admitted that engineers of appellant always attended the complaint of the respondent promptly and without charging any fees. The appellant also admitted that scaler rectified on 14.7.2006 and pleaded that its liability under warranty is to repair the machine. The appellant denied any deficiency in service on its part and prayed for dismissal of the complaint.



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