JAYMALA AMBALAL PANCHAL Vs. RECOLD APPLIANCES PVT LTD

JUDGEMENT

(1.) -THE appellant was the complainant before the State Commission, where she had filed a complaint alleging deficiency in service on the part of the respondents, namely, M/s. Racold Appliances Pvt. Ltd. and Gujarat Electricity Board (GEB ).

(2.) UNDISPUTED facts of the case are that the complainant along with her husband had gone to her father's house at Patan, Mehsana, Gujarat. This house was enjoying the electricity connection given by the GEB. It also had a geyser which her father had purchased from M/s. Racold Appliances Pvt. Ltd. It is the case of the complainant that when her husband was having bath, he was electrocuted on account of defect in the said geyser as also on account of defective wiring by the GEB. The matter was taken up with both the respondents but when nothing was coming out of it, a complaint was filed before the State Commission, who after hearing the parties, dismissed the complaint against both the respondents. Aggrieved by this order this appeal has been filed before us.

(3.) DEALING with the case, vis-a-vis, the first respondent M/s. Racold Appliances Pvt. Ltd. , there is no dispute that the father of the complainant had purchased the geyser in 1984 and it had a warranty for one year, whereas the episode of electrocution happened in 1989. In view of these conditions, the State Commission rightly exonerated the first respondent from the liability, as under the terms of warranty no liability would lie after the expiry of the warranty period on the part of the first respondent.