SHANTA BHATIA Vs. INDIAN STORES

JUDGEMENT

(1.) -this is a complainant's appeal against the order dated 25.9.2003 whereby the complaint of the complainant was dismissed.

(2.) The brief facts of the case are that the complainant had purchased a refrigerator from opposite party No.1. Opposite party No.2 is the Service Executive and opposite party No.3 is the manufacturer. The purchase was made on 25.2.1992 for a sum of Rs.13,600/- (Rupees thirteen thousand six hundred ). It is alleged in the complaint that warranty was given for the refrigerator. The period of warranty has not been given in the complaint but it is said to be one year. It is alleged that after one month of the purchase itself, there was defect in the refrigerator. Defrost system became ineffective. The complainant informed this fact to the opposite party No.1 who asked that instead of defrosting there should be manual defrosting because repair can be done only on the approval of opposite party No.2. Due to this defect in defrosting system, there were cracks in the double rack of the refrigerator. It was complained to the opposite party No.1. It did not hear. It is alleged in paras 3 and 4 of the complaint that when the cracks developed or when they widened, it is said that again the complainant made complaints but it was not heard. She had to wait for one year but her grievances were not redressed. Then the complainant wrote a letter on 21.6.1995 for her complaint's redressal.

(3.) The opposite party has denied the allegations of the complaint and contested the matter. The learned Forum after evidence of the parties held that all the defects have come out after the warranty period while the warranty was for 1 year only. There was no complaint in the warranty period. Therefore, the complaint was dismissed.