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Showing contexts for: multi function printer in Sri. Abhijit Datta Bhowmik vs Sri. Digendra Debbarma on 1 July, 2015Matching Fragments
It is the case of the respondent-complainant that there was a stipulation to deliver the Xerox machine having four drawers (Tray) and four wheels with colour Multi Functional Printer, but the respondent-O.P. delivered Xerox machine with two drawers and printer without any wheel. Going through the quotation dated 06.09.2013, we find that the same does not disclose about four drawers and four wheels. It is also the case of the complainant that Xerox machine so supplied bears the same model number as mentioned in the quotation, but the O.P. supplied Xerox machine with two drawers and without any wheel. Without any material for establishing that the appellant was asked to deliver Xerox machine with four drawers and four wheels, it is not at all believable that there was such agreement by and between the parties. Furthermore, even the complainant did not file any copy of the supply order in the District Forum showing that the supply order contains the particulars of the machine with four drawers and four wheels requires to be supplied. It is true that the complainant as P.W.1 stated about the supply of alleged machine with four drawers and wheels in his deposition, but the oral deposition does not prove it, because the same requires to be proved by documentary evidence. Going through the impugned judgment, we find that the Ld. District Forum also did not believe this story of the complainant having no believable material in this regard.