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Supreme Court of India 2019-04-01 dismissed

D.J. De Souza vs Managing Director CPC Diagnostics Pvt. Ltd

Bench: 2 — Hemant Gupta

In Brief

A consumer purchased a TurboChem 100 automated biochemistry analyzer for Rs. 3,50,000 (50% deposit) and later claimed manufacturing defect and demanded refund with damages. He contended the equipment lacked on-board laundry facility and that he need not install a higher-capacity UPS as pre-installation requirements mandated. The District Forum, State Commission, and NCDRC all found no commitment regarding laundry facility in the quotation or brochure, and that 1KVA Online UPS was a binding pre-installation requirement. The Supreme Court upheld these findings, holding the appellant could not insist on uncommitted features and that technical pre-conditions set by the supplier cannot be overridden by manufacturer emails.

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Consumer Protection Product Defect Warranty Claims

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