MICROTEK INTERNATIONAL PVT LTD Vs. SANJAY VARSHNEY

JUDGEMENT

(1.) Challenge in this Revision Petition, under Section 21 (b) of the Consumer Protection Act, 1986 (for short "the Act"), by M/s. Microtek International Pvt. Ltd., is to order dated 21.11.2008 passed by State Consumer Disputes Redressal Commission, Delhi, in First Appeal No. 123 of 2007. By the impugned order, the State Commission, while confirming the aspect of deficiency of service, modified the order of the District Consumer Disputes Redressal Forum V, Delhi, in Complaint Case No. 993 of 2004, and reduced the compensation from Rs. 3,60,000/- to Rs. 2,50,000/- while affirming the cost of Rs. 25,000/- awarded by the District Forum.

(2.) The brief facts as set out in the case are that the Complainant had purchased one Inverter Model: IN-750VA-PLUS Make Microtek, One Battery and One Inverter Trolley for Rs. 4,900/- and the said price was inclusive of installation and wiring on-site. The Complainant submitted that the said Inverter was installed on 06.07.2003 and as per the warranty terms and conditions, the Opposite Party ought to provide one year of warranty, maintenance, periodical visits, which included one visit after one month for system inspection and thereafter every three months from the date of installation of the said Inverter. The Complainant submitted that the service personnel of the Opposite Party never inspected the said Inverter at his premises.

(3.) On 29.10.2003 at around 06:30 a.m., the Complainant noticed a trickling noise from the said Inverter and the lights fluctuated so he immediately called the land line number of the Opposite Party but there was no response. Thereafter, the Complainant and his wife had left home and at 8.25 a.m., he had got a call from his neighbour that some smoke was detected from his premises. The Fire Officials extinguished the fire for around 2 hours and had reported that the cause of fire was due to the said Inverter as there was short circuit in its unit. The Complainant submitted that he had lost cash and valuable household items including clothes, electrical appliances, furniture, important bank documents etc. and that the fire occurred only because of the short circuit in the defective Inverter.