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Judgment
THIS appeal is directed against the order passed by the District Forum, Kozhikode, in O.P. No. 240/96.
WE heard the Counsels for the appellant and the respondent. The District Forum dismissed the complaint stating that the machine was purchased for commercial purpose. The learned Counsel submitted that the machine became defective during the warranty period. According to him the purchase was on 25.4.1994 and the defect was reported on 8.7.95,10.7.1995 and 14.12.1995 and there is a warranty for 6 months. The complaint is made within the warranty period. He also argued that the failure to remove defects during the warranty period amounts to deficiency of service and even if the purchase is for commercial purpose the complainant is a consumer in respect of service to be rendered during the warranty period. This contention is fully supported by the decision of the National Commission in Amtrex Ambience Limited v. M/s. Alpha Radios & Another, I (1996) CPJ 324 (NC). We, therefore, allow the appeal, set aside the order of the District Forum and remit back the matter to the District Forum for fresh consideration of the question whether there is any deficiency of service during the warranty period and to pass appropriate orders. The parties will appear before the District Forum on 9.6.1997. Appeal allowed.