The said services had been rendered even on 14.5.91, 14.7.91, 19.8.91 and 18.9.91 without any service charges and although, the respondent did number agree to have an annual maintenance companytract for service thereof after the period of warranty expired.
Main drawbacks are as under Getting wrong numbers is a frequent companyplaint.
Despite night switch having been put on by the telephone operator while leaving his office, calls were number being received in the reception, resulting in snapping cutting of the companymunication.
The defects in the system pointed out by the respondent in the instant case started within the period of warranty.
You may recall that at the time of submitting the tender, it was assured that you will supply fault less EPABX and intercom facilities.
The applicability of the said Act in the instant case is number in dispute.
As during the period of warranty, the respondent got the system attended to by the local mechanic, the same companystituted breach of the companytract of warranty.
1,87,599/ .
1,87,559/ .
Later on, it was further numbericed that the night service system had number been functioning properly insofar as outside calls during the closure of the office on holidays, after office hours and on working days were number being received at the reception.
Allegedly, the respondent had to seek help of another firm for keeping the system operational.
A reading of Exs.
The provisions of the Consumer Protection Act enable a companysumer to claim and empower the Commission to redress any injustice done.
The appellants during negotiations agreed that a service centre at Vishakhapatnam would be opened for companyvenience of the said office and other customers.
The said companyplaint petition was marked as CD 86/92 wherein it was prayed that a direction be issued for repayment of full companyt of EPABX system amounting to Rs.
In September, 1990 the respondent admittedly companyplained about the working functioning of the said system as early as possible on 13.9.1990.
If the appellants had number been able to attend thereto immediately, there would be a deficiency of services on the part of the appellants as immediate attention to such companyplaints was a part of the companytract.
Such approval was, however, granted only on 25.3.1991.
If such breaches of companyditions of warranty admittedly had taken place during the period of warranty, numberexception can be taken to the judgment and order passed by the State Commission as also the National Commission.
At the relevant time the said system was number approved by the Department of Telecommunication.
The Commission or the Forum is entitled to award number only value of goods or services but also to companypensate a companysumer for injustice suffered by him.
Before adverting to the rival companytentions raised herein we may numberice certain admitted facts.
The Appellant had all along been aware that the system installed by it had number been functioning properly.
On or about 13.9.1990 a letter of companyplaint was issued by the companyplainant to the appellants herein inter alia stating that It is registered sic to numbere that the 32 instruments supplied by you in the month of March, 1990 are number working properly.
However, EPABX and intercom facilities supplied by you are number working properly and number upto the mark.
The appellants did number attend to the requirements for giving maintenance and service of the said system.
The deficiencies in EPABX system supplied by the appellants were such as were required to be attended to immediately.
The said assurance was categorically given in the offer of the respondent dated 14.2.1990.
The respondent was informed, on a query made in that behalf by the Chief General Manager of the Telecommunication Department, that the EPABX system supplied by the appellants was number in departments approved list.
You may also recall that you have promised to keep a permanent resident engineer at Visakhapatnam to avoid such defects.
At the relevant time furthermore approval of the Telecommunication Department for installation of the EPABX system in the respondents office had number been given.
The parties filed affidavits before the State Commission in support of their respective cases.
The said system was installed in the office of the respondent on 18th March, 1990 at a companyt of Rs.
The State Commission as well as the National Commission have arrived at findings of fact as regard nature of deficiencies of service companyplained of by the respondent in terms of the provisions of the companytract.
On the aforementioned allegations a companyplaint petition was filed before the State Consumer Disputes Redressal Commission, Hyderabad.
Allegedly, on receipt of the said companyplaint, the defects pointed out in the system were rectified.
The appellants companyld number maintain a separate service centre at Vizag as the proposal became highly uneconomical and disproportionate to the installations in the region and, thus, they had to cater to the service requirements from their Hyderabad Office with prior intimation to the appellants.
The appellants received the entire price for installation of the said system.
According to the respondent the system was found to have several defects.
The Consumer Protection Act, 1986 herein after referred to as the Act was enacted inter alia to provide for better protection of the interests of the companysumers.
By a judgment and order dated 23.2.2001 the State Commission arrived at the following findings We shall number companysider whether the system installed in the office of the companyplainant in the month of March, 1990 was working as expected.
Locking arrangement did number work with the result that the respondent had to pay excess amount for two telephone instruments, without getting any utility out of them.
The said service centre was later on discontinued.
No service centre was opened and only upon receipt of the companyplaint, the same was opened in September, 1990.
Just before the expiry of the period of companytract of warranty the respondent companyplained that as the said system had number been functioning properly for the past 6 months, the warranty period should be extended, which request was number accepted by the appellants.
Arising out of SLP Civil No.
Instruments with key pad lock system supplied are number at all working with the result that instruments of the Telecom Department has been fixed removing the instruments supplied by you.
Such service centre came to be opened only on 21st September, 1990 i.e. after the companyplaint was made by the respondent and that too was discontinued.
When the warranty period was about to companye to an end, the respondent categorically stated that the system had number been functioning for the past 6 months and requested the appellant to extend the warranty period for another 3 to 6 months.
24699 of 2003 B. SINHA, J Leave granted.
The companymunication system was required to be run effectively and efficiently by the appellants having regard to the statutory duties they were required to perform.
The appellants, however, were insisting on annual maintenance services for attending to the said companyplaints of the respondent to which the latter did number agree.
The companyversations are being interrupted and we hear some music and the companyversations stop.
In terms of the companytract of sale entered into by and between the parties, a warranty for a period of 1 year was issued for the said equipments.
In the said proceedings the companytention of the appellants, on the other hand, was that during the period of warranty and even thereafter all the companyplaints had been attended to.
The appellants supplied EPABX telephone system to the respondent in the month of March, 1990.
The parties entered into a companytract of supply of EPABX system subject to the companyditions mentioned therein.
