CHANDRA BHAN MEDICAL CENTRE Vs. TOSHNIWAL BROTHERS (BOMBAY) PRIVATE LTD

JUDGEMENT

(1.) THIS is an appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter called the Act ) against the judgment and order dated 12.4.2002 passed by District Consumer Forum, Sultanpur in Complaint Case No. 423/1993.

(2.) A complaint initially under Section 12 of the Act was preferred seeking relief against the opposite parties with the allegations that it is reputed Medical Centre through which thousands of people are getting medical relief and the purpose of the appellant -company is not the commercial purpose but welfare of the people.

(3.) IT was further alleged that the opposite party No. 1 is the branch of opposite party No. 2 which deals with the sale of medical appliances. In view of the proposal of opposite party No. 2 an offer for the purchase of X -ray machine was made and 20% as an advance money was offered through a Bank Draft worth Rs. 20,000/ -. However, the machine in accordance with the terms and conditions did not reach and delivery was made in March, 93 by committing 6/7 months delay. The machine was defective. The intimation of the defect of the machine was given to the opposite party through letter dated 6.3.1993 and in spite of assurance and inspection, the defects were not removed causing loss and as such there was deficiency in service and the complaint was preferred.