BABY THANKAPPAN COLOR LAB Vs. TRASIBA ELECTRONICS

JUDGEMENT

(1.) This complaint is filed under Sec.12 of the Consumer Protection Act, claiming a total compensation of Rs.13,62,040/-.

(2.) The allegations in the complaint are as follows : the complainant is an S. S. I. registered partnership firm among family members and it is a small family enterprise consisting of Mr. Baby, the head of family, his wife Gracemma and son Ajay. The firm bears permanent S. S. I. registration dated 28.2.1994 of District Industries Centre, Wayanad, as a small scale service establishment with Studio located at MP/iv/648, Mananthavady Panchayat. It is engaged in job work in photography. Its date of commencement is on 1.9.1983. The complainant firm is represented by its proprietor Gracemma Baby. This business is the source of sole livelihood of the family, by means of self-employment. All the family members expend their capital, labour and expertise in the service unit. This studio has an average plinth area of about 800 sq. ft. The premises was taken on rent stipulating monthly rent for Rs.1,250/-. The studio did only black and while photography. But since it has become obsolete and no business could be carried on with a black and white studio, it intended to have a colour studio. The opposite party regularly carried out advertisements in Indian Photography and Cinematography Magazine, published from Bangalore. It mentions about an indigenous Hitech Printer Processor known as 'trasiba FCS 600'. An advertisement of similar type is carried in back cover of the Indian Photography and Cinematography Magazine in its October, 1993 issue. The said issue, carried on article of Abdulla Basha claiming as a Proprietor of Trasiba Electronics. November, 1993 and December, 1993 issues repeated the same advertisements. In October, 1993 issue which carried an article said Abdulla Basha is a qualified Electronic Engineer and also experienced in colour photography.

(3.) The opposite party is a manufacturer and supplier of Transiba F. C. S.600 Printer-cum-processor. The opposite party held out to the general public and also to the firm in particular a brochure, together with its technical specification stating a warranty that their colour printing machine was capable of : (a) taking 1200 prints per hour in R. A.4 Chemistry; (b) that it was a world's No.1 in true colour reproduction; (c) that it was a battery operated processor to avoid wastage at the time of power failure; (d) that it was operative by Portable Generator capable of generating 2.5 kilowatts; (e) that anybody with reasonable literacy could operate. Trasiba FCS 600 easily, since no judgment is needed, according to the subject, colour and density of the negative to get good prints; (f) that the operator could print the entire roll with one combination of filters irrespective of the subject colour without trial and error method; and (g) that Trasiba FCS 600 accommodates any paper and chemistry according to the consumer choice, whereas imported machines use a very fast chemistry which is not locally available, making it obligatory to import the particular paper.