MOHAMMED ASIF Vs. CROMPTON GREAVES LTD

JUDGEMENT

(1.) These two appeals arise out of one order passed by the District Forum in O. P. No.336/1996one by the complainants and the other by the opposite party. Hence they can be dealt with by a single order here.

(2.) The case of the two complainants is that they purchased 8 fans of 200 mm. manufactured by the opposite party-Company from a retail shop on 3.11.1987. They were fitted in their residence by experienced and qualified electricians. On 7.4.1996, when the 1st complainant Mohammed Asif was sitting on a cot in his bed, the. fan in his room fell down on his head resulting in injuries. He was hospitalised for three days and further treatment continued in his house till 30.4.1996. Due to shock, he suffered cardiac problem also. As Chairman of Tamil Nadu Wakf Board and M. L. A. , he could not attend to his work because of the head injury. On being informed of the incident, a team of top officials of the opposite party-Company visited the complainants' house on 3.5.1996. They were satisfied that the bolt in the fan gave way due to manufacturing defect and hence they ordered replacement of the existing bolts with thicker and larger bolts. The complainants sent a letter dated 5.5.1996 to the opposite party claiming a compensation of Rs.5 lakhs. But they sent a reply dated 20.5.1996 repudiating the claim. Hence the complaint.

(3.) The opposite party in their written version contended that the fans having been purchased as early as 3.11.1987 i. e. , almost 9 years before, the claim is barred by limitation. The 1st complainant in his letter to the opposite party, has not referred to any cardiac problem as a result of the incident. On receipt of the telephonic gall from the 1st complainant on 3.5.1996, considering the status of the 1st complainant, the officials of the opposite party rushed to his house only with a view to maintain the goodwill of the Company. Generally, the guarantee or warranty in respect of electrical goods is for a period of 12 months or so. The falling of the fan has nothing to do with the quality of the fan. It was only due to improper tightening of the screws the bolt got eroded. Therefore the opposite party is not liable to pay any amount as compensation.