M. THANIKACHALAM J. - (1.) The unsuccessful complainant, before the District Forum, is the appellant.
(2.) The complainant, who is running a private hospital, had purchased an ECG machine- Schiller Cardiovit Multi Channel ECG Analyser; Model: Cardiovit AT.1C Software-C Version manufactured by the 1st opposite party through its approved dealer, the 2nd opposite party by paying a sum of Rs.63,500/- towards the cost, which was installed on 22.4.02. From the date of installation, it was giving erroneous readings and reports, warranting frequent services and repairs. Even before the warranty period of one year expired, a complaint was given, but not responded by the opposite party. Warranty period of one year expired on 21.4.2003.
(3.) The 1st opposite party, on complaint regarding the machine supplied, took the equipments to their place, and gave a field service report on 9.6.2003, identifying the problem in the equipment as fault, CPU-PCB, suggesting that should be replaced at the cost of Rs.5000/-. Only because of the deficiency in service, or the defect in the machine, the problem had occurred, and therefore legal notice was issued, for which there was no proper reply, only false reply has been issued. The 1st opposite partys service engineer, attended the fault and made some temporary repairs, then immediately the machine had gone out of order. In view of the faulty machine supplied, there is breach of warranty and deficiency in service, for which the opposite parties are liable to pay a sum of Rs.20,00,000/-, on six heads, as enumerated in the prayer column.;