CHANDRA ELECTRIC STORE Vs. SHIV RAM

JUDGEMENT

(1.) HEARD Mr. R.K. Gupta, learned Counsel for the appellant and perused the record. However, none is present on behalf of the respondent although notice was sent to him.

(2.) AS it is an old case, we proceed to decide it on merit. The appellant Chandra Electric Store had sold a table -fan for Rs. 935 to the complainant Sri Shiv Ram on 21.5.1993. The sale carried a warranty of two years for service, repairs and exchange. The complainant approached the appellant a month after and complained that the fan purchased by him had started producing an abnormal sound. The complainant had requested for replacement of the fan but the aforesaid seller refused to oblige him on the ground that the defect pointed out was not covered by the terms of warranty. As a matter of fact, the sound coming out of the fan was a consequence of the table -fan having fallen from the table on the ground and since such an accident was not covered by the warranty, the seller was under no obligation to replace it.

(3.) THE Forum below, however, recorded in finding against the appellant and directed it to replace the fan within one month.