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Supreme Court of India 2019-04-01 dismissed

DR.D.J.DE SOUZA vs MANAGING DIRECTOR CPC DIAGOSTICS PVT.LTD

Bench: 2 — Dhananjaya Y. Chandrachud, Hemant Gupta

In Brief

A doctor purchased a biochemistry analyzer equipment under a quotation that specified pre-installation requirements including a 1KVA Online UPS. The brochure made no mention of an "on-board laundry facility." The seller insisted on installing the specified UPS, which the buyer resisted, citing an email from the US manufacturer. The buyer also claimed the equipment was worthless without the laundry facility. All three consumer forums found no deficiency or unfair trade practice. The Supreme Court upheld their dismissal, holding that the buyer could not demand features never promised and that pre-installation conditions cannot be overridden by external manufacturer communications or local electricity supply concerns.

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Consumer Protection Product Defects Service Deficiency Unfair Trade Practices

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