BROJA GOPAL MANDAL Vs. HOTEL LEE GARDEN

JUDGEMENT

(1.) This revision petition has been preferred against the order of the Orissa State Consumer Disputes Redressal Commission, Cuttack (in short the State Commission) wherein it dismissed the appeal filed by one Broja Gopal Mondal, (hereinafter referred to as Petitioner) and M/s Uniguard Electro Devices (P) Ltd., - Respondent No. 2 who was the Opposite Party alongwith Petitioner in the District Forum, in favour of M/s Hotel Lee Garden (hereinafter referred to as Respondent No.1).

(2.) Admitted facts of the case are that the Petitioner and Respondent No. 2 are the authorized dealer and manufacturer of Sharp Brand Voltage Stabilizers and other electrical goods respectively. Respondent No.1 purchased three numbers of 20 KVA (Single Phase) Servo Stabilizers of Sharp Brand, manufactured by Respondent No. 2 for a sum of Rs.83,000/-. The stabilizers were installed in the Hotel premises of Respondent No. 1 on 22.12.1996 by the service engineer of Petitioner and Respondent No. 2. The warranty period for the stabilizer was upto November 1997 i.e. for about one year.

(3.) According to Respondent No. 1, within one week of their installation all three stabilizers started giving trouble and did not stabilize the output as a result of which his costly electrical equipments including Air Conditioner, Refrigerator, Fans and Television sets were totally damaged. Further, the three oil tanks meant for cooling the stabilizers were leaking. Since all these defects occurred during the warranty period. Respondent No. 1 sent several letters to the Petitioner and the service engineer complaining about the mal-functioning of the stabilizers. Except on one occasion when the service engineer came and repaired the leaking oil tanks, there was no response to the other letters. On the other hand, despite repairs, the cooling tanks of the stabilizers continued to leak and the voltage output problem also persisted. Respondent No.1, therefore, requested one Shri Sahoo, (B E Electrical) to inspect the three defective voltage stabilizers. Shri Sahoo after inspecting the stabilizers found the following defects: