SUBHASH CHAND AGARWAL Vs. AVL INDIA PVT LTD

JUDGEMENT

(1.) Heard the Counsel for the parties.

(2.) Complainant/Petitioner s case is that he wanted to start pollution testing centre on the basis of the certificate granted by the competent authority. A representative of the respondent met the petitioner and requested him to purchase a smoke meter manufactured by respondent along with accessories and the petitioner, accordingly, paid a sum of Rs. 1,40,000 for the smoke meter which was installed at his place at Burdwan Road, Silliguri by the service engineer of the respondent. Soon after the installation of the said smoke meter with accessories, the smoke meter developed defects and did not function properly. Petitioner reported the matter to the respondent but no action was taken. Aggrieved by this the petitioner filed the complaint before the District Forum.

(3.) District Forum dismissed the complaint. Not satisfied with the Order passed by the District Forum, petitioner filed an appeal before the State Commission. State Commission allowed the complaint and set aside the Order of the District Forum. It was held that defects had occurred during the warranty period. On the basis of the joint inspection report, obtained from the technical experts, that the smoke meter showed error and was not functioning properly a direction was given to the respondents to rectify the mistakes and if need be by replacing certain parts.