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2019 (4) TMI 229

te 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 w .....

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. The service engineer pointed out that 1000 mv/650 Watt UPS of APC Company was not suitable and the appellant was advised to purchase 1KVA Online UPS for usage during power failure. The stand of the appellant is that he has got a confirmation from M/s. Awareness Technologies USA, the manufacturer of the equipment that UPS which the appellant had is suitable but the respondent insisted on installation of 1KVA Online UPS. The appellant also raised a grievance that there is no on-board laundry facility present on the instrument, therefore, such instrument is of no use to him. Therefore, the appellant sought payment of ₹ 3, 50, 000/- along with 9 per cent interest as well as damages of ₹ 50, 000/-. 5. The District Consumer Disputes .....

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equipment. In view of said facts, the learned State Commission dismissed the appeal. The further challenge by way of a Revision before the NCDRC remained unsuccessful. The NCDRC found that there is no commitment from the respondent about the supply of instrument with on-board laundry facility and that the appellant has failed to establish that there was any malfunctioning or manufacturing defect in the instrument. 7. It was also mentioned that the performance of the instrument depends upon the continuous uninterrupted electricity supply which could be made available through Online UPS. It was advisable to install best quality Online UPS keeping in view the fluctuation in electricity supply in the country. 8. Before this Court, the appellant .....

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