Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2019 (4) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (4) TMI 229 - SC - Indian LawsConsumer protection - seeking refund or deficiency in service - condition of purchase of Installation of 1KVA Online UPS while purchasing the equipment - Held that:- The pre-installation requisite clearly stipulates that the appellant has to provide: (i) Efficiently air-conditioned room (ii) 1KVA Online UPS for running of the equipment (iii) Broadband connection for “i-track” (Remote Diagnostics Tool). The equipment will be provided with “i-track” remote facility at the time of installation. In the brochure supplied to the appellant, there is no commitment of supply of instrument with on-board laundry facility. Thus, the appellant could not insist on on-board laundry facility which was never committed to be delivered to the appellant along with the instrument nor there could be any installation of the equipment without installation of 1KVA Online UPS as part of pre-installation requirements. The email from the manufacturer will not override the pre-conditions of installation which are in view of electricity supply conditions in the country. All the authorities under the Consumer Protection Act, 1986 (Act) have found that there is no deficiency in service or restrictive trade practice. There is no error in the orders passed by the Forums constituted under the Act which warrant interference in the present appeals - appeal dismissed.
|