The machine was supposed to be fully automatic Biochemistry Analyser with free warranty maintenance for a period of three years.
Brief facts leading to this appeal are that on 30.05.2006, Dr. Ira Sinha purchased fully automatic Biochemistry Analyser model Echo Plus along with standard accessories from M s Logotech India Private Limited hereinafter called the Logotech , of which respondent number.
It was found out by the appellant and his wife that the Biochemistry Analyser purchased by them was number functioning properly and was showing inaccurate results due to manufacturing defect.
Though, several visits were made by the maintenance agents of the Logotech for repairing the machine, the same was number successful.
The appellant is the husband of Dr. Ira Sinha.
However, a maintenance of Rs.20,000/ per annum was to be paid by the purchaser after expiry of three years.
2 and 3 are Director and Technical Director respectively.
MOHAN M. SHANTANAGOUDAR, J. Leave granted.
Thereafter, as suggested by the officials of the Logotech, Dr. Ira Sinha relying upon the assurance and recommendation of the officials of the Logotech, purchased a random access fully automatic analyser model Miura 200 along with standard accessories from the Logotech in exchange of the earlier model Echo Plus on 25.07.2007.
Signature Not Verified This appeal is directed against the judgment dated 16.10.2017 Digitally signed by VISHAL ANAND Date 2018.07.11 passed by the High Court of Judicature at Patna in Criminal 163031 IST Reason Miscellaneous No.
52088/2013 allowing the petition filed by respondent number.
The sale companysideration of the said machine was Rs.7 lakhs.
