BPL REFRIGERATION LIMITED Vs. RIYAZ MEHNDI

JUDGEMENT

(1.) This revision is directed against the judgment and order dated 23.9.2000 passed by District Consumer Forum, Aligarh in Complaint Case No.221 of 1999 and the order passed by the same Forum on 16.5.2001 in execution proceedings arising out of the same judgment and order.

(2.) The facts of the case are that the complainant Dr. Riyaz Mehndi purchased a 250 lit. refrigerator at a cost of Rs.19,500/- on 22.12.1998 from the opposite party No.1. A warranty card was also issued. The Refrigerator could not work properly from the beginning itself. Complaints were, therefore, made to the opposite party No.1. The mechanic sent by the opposite party did come to see the refrigerator but the same could not be set right. Thereafter, the complainant sent a letter dated 17.8.1998 to opposite party No.3. Again a mechanic was sent to set right the refrigerator but there was no success. The refrigerator has not been set right till the date of filing of the complaint. A complaint was, therefore, lodged before the District Consumer Forum seeking replacement of the fridge.

(3.) The opposite party Nos.2 and 3 filed written statement before the learned District Forum and denied the allegations raised in the complaint. It was stated that information had been given by the complainant only after six months of the date of purchase of the refrigerator. The bye-meter of the refrigerator was thereafter replaced. It is wrong to say that the mechanic of the opposite party sent on 17.9.1998 could not set right the refrigerator. The complainant wants to change the refrigerator after using it for one year and five months. The opposite party No.1 did not contest the case before the Forum.