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(4)
The District Forum considering the affidavits and documents placed on record
noted in its order that Complainant had produced invoice of the film purchased
from the Opponents. There was no guaranty mentioned on the invoice.
Complainant had not produced in the District Forum guaranty card about the said
film. The District Forum also noted in its impugned judgement that the
Complainant had not produced expert evidence. He had not got film or soil
tested for the efficient use of the film for preparing field pond. The Forum
also noted in its order that the Opponent had produced at page no.61 letter
dated 26.02.1999 who had offered to carry out necessary repairs. Opponent was
willing to drain out the water available in the field pond. Complainant was not
prepared to do so. The Forum also found that photographs produced by the
Complainant clearly showed that there was still water in the field pond and
photos themselves would not prove that films produced by the Opponent were
defective. Therefore, the Forum also held that Complainant had failed to prove
that the film supplied by the Opponent was defective and was pleased to dismiss
the complaint and being aggrieved by the said dismissal of the complaint, the
original Complainant has filed this appeal.