TECHGUARD ELECTRONICS Vs. P B DHAWAN & ANR

JUDGEMENT

(1.) THE appellant is a dealer of M/s. Blue Chip Technologies Ltd. and M/s. Blue Chip Technologies Ltd. is a manufacturer of inverter. Some time 8 years back, one inverter, manufactured by respondent No. 2, was purchased by the respondent No. 1, from the appellant which did not function properly for long and every time, the respondent No. 1 had to approach the appellant with one complaint or the other.

(2.) VIDE impugned order dated 28.4.2004, passed by the District Forum, the appellant has been directed to replace the inverter with new one along with new batteries of Sparton make and extend a warranty of one year from the date of replacement of inverter, as well as, batteries within one month or in the alternative pay a sum of Rs. 11,200/ - with interest @ 9% p.a. from 16.5.1996 till realisation and an amount of Rs. 2,000/ - towards cost and compensation. Feeling aggrieved it has preferred this appeal.

(3.) THE main order has been assailed partly on account of there being no liability of the appellant being a dealer only and secondly that complaints were made by the respondent after the expiry of warranty period i.e., 18 months of the purchase of the inverter and lastly that during the period of warranty respondent had approached the manufacturer and obtained Annual Maintenance Contract. Thus the main premise on which the Counsel for the appellant is assailing the impugned order is that there is no privity of contract between the appellant and the respondent and he is merely a dealer of the inverter that was manufactured by M/s. Blue Chip Technologies Ltd. and, therefore, the liability is cast upon respondent No. 2 the manufacturer in case of any manufacturing defect either in the inverter or in the batteries.