KELVINATOR OF INDIA LIMITED Vs. NILESH RASIKLAL SOLANKI

JUDGEMENT

(1.) This, appeal arises from order dated 23rd January, 2002 rendered by the learned Jamnagar District Consumer Disputes Redressal Forum in Complaint Application No.4/2000 directing the opponent No.2 Company to pay to the complainant the value of the refrigerator in the sum of Rs.10,300/- and also directing the opponent No.1, the dealer who had sold the refrigerator to the complainant, to pay Rs.4,000/- by way of compensation within 30 days from the date of the order.

(2.) Opponent No.2 Company has preferred this appeal against the impugned order. Original complainant has been served with the notice of this appeal. Original opponent No.1 has been joined as party in this appeal. We have gone through the impugned order. We have heard the learned Advocate appearing for the appellant, original opponent No.2 company.

(3.) It would appear from the facts noted in the impugned order that the complainant purchased the refrigerator in question from opponent No.1 on 13.3.1996. Opponent No.2 is the manufacturer of the refrigerator in question. Opponent No.3 is the main dealer of Saurashtra region for the refrigerator in question. There was a service contract of six years between the complainant and opponent No.2 company through the first opponent from whom the refrigerator was purchased. Soon after the purchase of the refrigerator the complainant started facing a great deal of difficulty in respect of the working of the refrigerator. Repeated oral complaints were made to the original opponent No.1, but no satisfactory service was rendered by the said opponent. The technicians who visited the complainant's premises found upon the test carried out on the refrigerator in question that the compressor of the refrigerator was burnt. The refrigerator was opened, dismantled and the pipes were also removed. They left the complainant's premises saying that the technicians from the opponent No.2 company will attend the refrigerator. As no one attended to the refrigerator in question the complainant issued notice. Technicians visited the complainant's premises but did not repair the refrigerator. Hence the complainant was required to approach the learned Forum for redressal of his complaint.