COOL INDIA Vs. RAMA LUTHRA

JUDGEMENT

(1.) This appeal has been filed by the OP against the order of the District Forum -II (D.F.) dated 22.2.94.

(2.) Briefly the facts are that OP-1 is carrying on business of repairing air-conditioners and it is alleged that Mr. O.P. Batra and. Mr. Ranjeev Batra, O.P.-2 & O.P.-3 are its proprietors. The complainant had installed at her residence one two-ton air-conditioner of the General Electric make. On or about 13-5-92 the complainant noticed that her air-conditioner was not cooling properly. She contacted OP-1 Mr. Ranjeev Batra, O.P-3 deputed an engineer to examine the air-conditioner. He, it is alleged, informed the complainant, that the air-conditioner would have to be taken to the workshop for service. Accordingly, it was removed to OP-l's workshop on 14.5.92 for repairs.

(3.) On 15.5.92, a fire broke out in the workshop and a part of the air-conditioner alongwith other goods in the workshop was burnt. The complainant asked the OPs to replace the air-conditioner with a similar foreign made air-conditioner or pay her the amount to enable her to purchase a new air-conditioner but they expressed their inability to do so. Consequently she filed a complaint before the District Forum.