SHASHI RADIO COMPANY Vs. SUDESH SINGHAL

JUDGEMENT

(1.) This appeal is against the order of the District Forum, Hisar whereby the appellants have been directed to refund rupees 10,468/- being the price of the defective refrigerator.

(2.) Smt. Sudesh Singhal, the complainant respondent had admittedly purchased a double door Kelvinator refrigerator of 300 litres capacity from the appellants for a sum of Rs.10,018/-. A further sum of Rs.450/- was also paid towards service charges for four years whilst guarantee period was of seven years. It was the grievance that the said refrigerator had the patent defects of being without original handles and absence of interior light and a defective upper lock. Despite repeated protestations, these were not rectified. What is more, in April, 1991, the refrigerator completely went out of order and the appellants denied to service or correct the same thus compelling the respondent to resort to a private machine on the payment of heavy charges.

(3.) Further faults in the machine cropped up and the mechanic informed the respondent that the compressor of the refrigerator will have to be changed because it was smaller than the required capacity for a refrigerator of 300 Its. and the appellants had played a fraud with the unsuspecting consumer. In sum, the case was that a refrigerator of another brand was passed on as a Kelvinator and was so totally defective that it had failed to give satisfactory service from the very inception. A total relief in monetary tune of Rs.14,188/- was claimed.