VidhiSangh

Supreme Court of India · 01/04/2019

DR. D.J. DE SOUZA versus MANAGING DIRECTOR CPC DIAGNOSTICS PVT. LTD.

[2019] 6 S.C.R. 378 · 2019 INSC 445

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Summary

The Supreme Court upheld dismissal of a consumer complaint over a diagnostic analyser. The purchaser could not demand an on-board laundry feature never promised in the brochure, or installation without the expressly stipulated 1 KVA online UPS. A manufacturer’s email conditionally approving another UPS did not override the agreed installation requirement, which addressed local electricity conditions. No manufacturing defect, deficient service or restrictive trade practice was established.

Issues

  1. Whether the seller had promised the disputed additional feature.
  2. Whether insisting on the stipulated online UPS amounted to a restrictive trade practice.

Held

Result

Appeals dismissed. Consumer-forum orders rejecting the complaint remained undisturbed.

Judgment PDF: Supreme Court of India, [2019] 6 S.C.R. 378.