C S RAHALKAR Vs. S KHANKHOJE

JUDGEMENT

(1.) THIS appeal, under Sec.15 of the Consumer Protection Act, 1986 , is directed against the order dated 20.4.2001 in Complaint No.162/2005 by District Consumer Disputes Redressal Forum, Bilaspur (hereinafter called the 'district Forum' for short) dismissing the complaint of the appellant.

(2.) UNDISPUTEDLY , the complainant/appellant purchased a Air Conditioner from the respondent on 28.1.1994. According to the averments in the complaint the warranty period was one year. However, the said Air Conditioner developed defects within 3 months. It was also averred by the complainant that the said air conditioner was not as per the specification and old air conditioner was supplied to him by the respondent. The complaint of the appellant was not duly attended to by the respondent, due to which the complainant got it repaired through Fridge Engineering, Jacob Chal, Link Road, Bilaspur. According to the complainant/appellant he had incurred an expenditure of Rs.9,250/ - towards repairs of the air conditioner. The complainant claimed damages totalling Rs.1,92,500/ - as detailed in the complaint.

(3.) THE complaint was resisted by the respondent. It was averred that the complainant had complained about the defect in the air conditioner after expiry of the warranty period. The complainant also averred that the complainant had initially given a cheque for Rs.32,500/ -, but when the complainant was told by the respondent that stabilizer worth Rs.3,500/ - was also required, the complainant told the respondent to give him an assembled air conditioner and a stabilizer. Accordingly, the assembled air conditioner with stabilizer was given by the respondent to the complainant/appellant. The respondent denied that there was any deficiency in service on his part.