PIONEER MOTORS (KANNUR) PRIVATE LIMITED Vs. WINSPOT TAILORS

JUDGEMENT

(1.) THE above appeal is preferred against the order dated 26.12.2000 of CDRF, Kannur in OP 514/96. The complaint was filed by the 1st respondent herein as complainant against the appellant as 1st opposite party whereby Forum directed the opposite parties to replace the genset with a new one or in the alternative to repay the price of Rs. 23,950 along with Rs. 1,000 as compensation and Rs. 750 as cost to the complainant.

(2.) THE case of the complainant is that on 11.8.1995 he purchased 1500 watts portable genset for the use of his tailoring shop from the 1st opposite party which was manufactured by the 2nd opposite party. The opposite parties gave warranty for one year and within warranty period the genset became defective. Even though repaired many times the defects continued. At last on 19.3.1996 the genset was produced before the 1st opposite party for repairs. But till 4.4.1996 it was not returned and not even started to repair the same. A registered notice was issued. After that the complainant collected the genset from the workshop. Even after that the genset showed defects. Hence alleging deficiency in service on the part of the opposite parties he filed complaint before the Forum.

(3.) THE opposite parties filed version and contended that the defects were rectified. They denied the allegation of the complainant that 2nd opposite party has manufactured the genset with spare parts of low quality. They further contended that the defects in the genset was due to the failure on the part of the complainant to follow instructions mentioned in the owners manual and the 1st opposite party in his reply notice promised to return the repaired generator. But the complainant has taken back the same without allowing him to repair. Hence there is no deficiency in service on their part and prayed for dismissal of the complaint.