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TMI Blog2019 (4) TMI 229X X X X Extracts X X X X X X X X Extracts X X X X ..... ility. 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. - CIV ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent 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 Redressal Forum, South Goa at Margao (District Forum) dismissed the complaint inter alia on the ground that the appellant has not placed copy of the order in support of his plea that on-board laundry was a part of the equipment. Since, there was no commitment on the part of the respondent to supply on-board laundry facility, the complaint was dismissed. Aggrieved a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nctioning 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 argued that the manufacturer of the instrument in USA vide an email as Annexure P-10, has communicated that the UPS purchased by the appellant will be good, provided the TurboChem 100 is the only item hooked up to the UPS. Therefore, the insistence of the respondent for installation of 1KVA Online UPS is arbitrary and is restrictive trade practice. 9. W ..... X X X X Extracts X X X X X X X X Extracts X X X X
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