M.THANIKACHALAM J. - (1.) The 1st opposite party in O.P.No.47/1999, on the file of District Forum, Coimbatore, is the appellant.
(2.) The 1st respondent, in this appeal, as complainant, originally filed a case against the appellant alone, seeking a direction to replace the generator, purchased by them, on 6.11.1997, for Rs.82000/-, or to pay the said amount, with compensation of Rs.2 lakhs, alleging that from the date of purchase itself, the generator was giving trouble, thereby the complainant had to incur heavy loss in business, that because of the loss in business, he suffered mental agony, and that he was unable to fulfill the commitment also in the business, for which he is entitled to compensation.
(3.) The 1st opposite party, opposed the complaint, while admitting the purchase of the generator, interalia contending that the complainant has not followed the rules and regulations, thereby they have violated the warranty, that the complainant company, had improperly handled the machinery, installing the same, in a narrow room, without proper ventilation, probably causing problems, which were periodically, regularly attended, that during the regular service of the generator, within the warranty period, they used to replace the wornout parts, thereby they have not committed any deficiency, that in the absence of the manufacturer, they are not liable to pay, either the value, or replace the generator, thereby praying for the dismissal of the complaint, questioning the maintainability also, further contending tht as dealer, they are not liable to answer any of the claim.;