- (1.) This appeal is directed against the judgment dated 13/7/1990 passed by the National Consumer Disputes Redressal commission, New Delhi.
(2.) In May, 1984, the appellant imported phototype-setting machine from West Germany after opening a letter of credit in favour of the manufacturer M/s. H. Berthold, ag, Berlin. The respondent M/s. Monotype india Ltd. , New Delhi is the agent and distributor of the manufacturing German Company in India. The machine was installed at the complainant's business premises on 17/8/1984. But soon thereafter, it was found to be defective in many respects which were brought to the notice of the respondent who attended to the complaints between 17/8/84 and 23/3/87, but the machinery remained defective and could work properly only for 152 hours as against the expected run of 12500 hours.
(3.) Consequently, the appellant filed a claim petition before the National Commission for a sum of Rs. 11,22,000. 00 for the loss suffered by them on account of the failure of the respondent to supply a defect free machine and to service and maintain the same in proper working condition.;