M.THANIKACHALAM, J. - (1.) The unsuccessful complainant is the appellant.
(2.) The complainant/appellant approached the District Forum, seeking direction to take old Canon Xerox Machine and return the consideration of Rs.66,000/-, with compensation of Rs.50,000/- alleging that the opposite party had sold a defective Xerox Machine, promising and giving warranty that it will work effectively, that the Xerox Machine failed to function properly from the day one of the inception, that should be construed as deficiency in service, thereby praying the above reliefs.
(3.) The opposite party denying the averments in the complaint, resisted the case, that the complainant had not purchased a new Xerox Machine, whereas, he had purchased a reconditioned Xerox Machine, knowing fully about its condition, offering to pay Rs.66,000/- including the accessories, out of which, he paid at the first instance of Rs.1,000/-, issuing three cheques for balance, out of three, one bounced, which amount was compensated by giving goods, and that the warranty period was only two months, that within the warranty period, the complainant has not reported any deficiency or defects in the Xerox Machine and therefore, it is not possible for them to return the value, taking back the old Xerox Machine since they have not committed any deficiency, praying for the dismissal of the complaint.;