AGARI ENTERPRISES THROUGH ITS PROPRIETOR Vs. SESAPPA SAPHALIGA

JUDGEMENT

(1.) KARNATAKA State Consumer Disputes Redressal Commission, Bangalore(for short, ' State Commission ') vide impugned order dated 3.11.2011,dismissed Appeal Nos.2496 and 2497 of 2011, filed by the Petitioner/OP. Petitioner ought to have filed two separate petitions or in the alternative Registry ought to have given two separate numbers to these petitions. Be that it as may, along with revision petition, an application seeking condonation of delay of 251 days has also been filed.

(2.) BRIEF facts are that respondents/complainants in both cases are self employed person who supply fish to canteens and individuals by using Air Conditioned Tempo. In November, 2010, they purchased a freezer to store fish at their residence and canteen for Rs.29,500.00 from the Petitioner who promised to deliver the freezer within a week. But on 17.11.2010, Petitioner delivered a bottle cooler alleging it to be a freezer which could be used for the storage of fish. Petitioner did not hand over the user manual, warranty card or delivery challan to them. However, respondents took delivery of the bottle cooler believing it to be a freezer. When they stored daily supply of fish in the said cooler, the fish got rotten at the end of the day. On very next day, they approached Petitioner 's show room and complained about the rotting of the fish for which they were assured by the petitioner to send a service mechanic to check out the problem. After that, respondents did not use the said cooler to store the fish. In the month of November, 2010, one service mechanic visited respondents ' house as well as the canteen and told that the said freezer is not a freezer which is used for storing fish but it is only a bottle cooler. This amount to unfair trade practice and deficiency of service. Request made by respondents to replace the bottle cooler and supply the freezer, vent in vain. Therefore, they filed complaints.

(3.) DAKSHINA Kannada District Consumer Disputes Redressal Forum, Mangalore, (for short, 'District Forum ') vide order dated 15.7.2011, allowed the complaint and passed the following order;