2019 (4) TMI 229

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....st 2015. The appellant remitted a sum of Rs. 3, 50, 000/- towards 50 per cent cost of the instrument. The pre-installation requisite contemplated the following conditions: "1. Pre-installation   Customer has to Requisite provide the following: Efficiently air-conditioned room 1 KVA online UPS for running of the equipment. Broadband connection for "i-track"(Remote diagnostics Tool) The equipment will be provided with "i-track" Remote, facility at the time of installation." 4. The equipment was delivered on 30.09.2015. 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 ....

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....oked up to the UPS. 6. The State Commission found that the appellant placed an order when the respondent communicated their best offer for Turbochem 100 fully Automated Random-Access Biochemistry Analyser and also enclosed brochure for reference. It is thereafter, the 50 per cent of the price was paid. In the brochure there is mention of on-board cooling facility as one of the features but there is no feature of on-board laundry facility. There is a specific mention of requirement of 1 KVA Online UPS for running of the 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 res....