D.P. Wadhwa, J. (President)
1. Petitioner before us was the complainant before the District Forum, alleging deficiency in service by the respondents. Its complaint was allowed and a direction was issued to the respondents to take back their Saviour Attendance & Payroll Manager and to refund to the petitioner Rs. 17,500/- with interest @ 18% per annum from the date of payment till refund. District Forum also awarded Rs. 5,000/- as damages and Rs.4000/- as legal expenses to the petitioner. On appeal filed by the respondents, State Commission set aside the order of the District Forum and dismissed the complaint. Aggrieved, complainant has filed this petition.
2. Petitioner had purchased 'Savior Attendance and Payroll Manager' machine on representation by the respondents that the machine will cut down the expenses of the petitioner. Total cost of the machine was 35,320/- out of which the petitioner paid a sum of Rs.17,500/- as advance. Machine was installed. However, petitioner complained that it was defective and was not providing proper service. The effort in making the machine functional proved futile. Petitioner required the respondent to put the machine in functional order. This was not done. Petitioner therefore, filed a complaint before the District Forum, which as stated above was allowed. State Commission was of the view that the machine purchased was for commercial purpose of the petitioner and service, if any, was to be provided by the respondents was free of any charge. Petitioner therefore, could not maintain the complaint being not a consumer. As far as machine being used for commercial purpose is concerned, there cannot be any dispute. However, in the letter dated March 25, 1994 from the respondent to the petitioner while quoting the terms of the contract, it was mentioned in clause 5 as under:
"The machines are carrying a guarantee for 12 months. A specimen Guarantee Card is enclosed herewith. The guarantee obligations are fulfilled by free monthly visits and as and when the customer calls for it".
3. The word 'free' added, it appears in hand, To us it appear even if the word 'free' is here, we have to see that whole terms of contract which is comprehensive and it obliges the respondents to provide proper service to the petitioner so that machine is functional. This having not been done, there is certainly deficiency in service on the part of the respondents. We therefore, allow this revision petition and set aside the order of the State Commission and restore the order of the District Forum except that we delete the award of damages and legal expenses. Instead we direct that parties shall bear their own cost throughout
