MODI XEROX LTD & ORS Vs. MANOJ KUMAR SRIVASTAVA

JUDGEMENT

(1.) HEARD Mr. S.C. Dhasmana learned Counsel for the appellants and Mr. R.K. Gupta, learned Counsel for the respondent.

(2.) ADVERTING to the merit of the appeal, it may be mentioned that the Xerox Machine was purchased by Sri Manoj Kumar Srivastava from the appellant company on 14.2.1994 on cash down payment of Rs. 68,637 which was installed at the complainant's premises on 19.2.1994. After warranty period of 90 days a service contract was entered into for a period of one year and after the expiry of the said period another service contract for one year was executed. Some four months after the expiry of second year of service contract the complaint was filed with the allegation that the photocopier machine was not functioning satisfactorily.

(3.) M /s. Modi Xerox resisted the complaint with the averments that satisfactory service had been provided to the complainant during the period of two years service contract. No specific defect was pointed out by the complainant and the complaint was filed long after the period of service had expired. It was further submitted that no liability could be fastened upon M/s. Modi Xerox for any defect which might have developed at the time when there was no service contract.