Indochem Electronic & Anr vs Addl. Collector Of Customs, A.P on 24 February, 2006
8. Ld. Counsel appearing for the complainant argued that Complainant had a
bad experience with the product supplied by OP-1 and manufactured by OP-2
which was of sub standard quality having defective parts which required
replacement, repair within few days of its purchase from time to time. He also
mentioned about the poor after sale services on the part of OP No-1 besides
unfair trade practices on the part of OPs. LD Counsel cited Apex court
judgment in Indochem Electronic vs. Addl. Collector of Customs (2006) 3
SCC 721], wherein it was held that when the deficiencies in the system
continued to persist during the warranty period, including the extended period,
the suppliers were rightly held to be liable for deficiency in service by the
State and National Commission. It was also held that in the light of the
specific power conferred under Section 14(1)(c) of the aforesaid Act,
damages equivalent to price of goods could be awarded.