LAWS(NCD)-2015-3-32

WESTERN REFRIGERATION PVT LTD Vs. ANUJ AGGARWAL

Decided On March 13, 2015
Western Refrigeration Pvt Ltd Appellant
V/S
Anuj Aggarwal Respondents

JUDGEMENT

(1.) COUNSEL for the petitioners present. Arguments heard. The complainant Anuj Aggarwal purchased a 400 litres capacity Refrigerator from M/s Meenu Refrigeration and Electronics, Alwar - petitioner No.2/OP. The same was manufactured by M/s Western Refrigeration Pvt. Ltd. Mumbai petitioner No.1/OP for a consideration of Rs.38,000/ -. After about 10 -11 days, the Refrigerator started giving problems. On 28.10.2010, mechanic of the OP visited and investigated the refrigerator and re -filled the gas. Again on 03.03.2011, the compressor of the fridge was replaced which after sometime stopped working.

(2.) THE petitioner filed a Consumer Complaint before the District Forum Alwar. The District Forum dismissed the complaint and did not place reliance on the authority filed by the complainant, Doctor Vijay Prakash Goyal Versus The Network Limited, 2005 4 CPJ 206 . It placed reliance on another authority Birla Technologies Limited versus Neutral Glass and Allied Industries Ltd.,2011 NCJ 390 .

(3.) HOWEVER , the State Commission accepted the appeal filed by the complainant and placed reliance on Amtrex Ambience Ltd. Vs. Alpha Radios and others, 1996 1 CPJ 324 and other two cases and accepted the complaint. It passed the following directions: -