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A.L.BAHRI, RAM LAL GUPTA
KELVINATOR OF INDIA LTD. – Appellant
Versus
SURINDER PAL GARG – Respondent


Counsel for the Parties :
For the Appellant :Mr. P.K. Dutt, Advocate.
For the Respondents:Mr. V.K. Garg & Mr. R.P. Rana, Advocates.

ORDER

Mr. Justice A.L. Bahri, President—Short question but of great significance in consumer jurisdiction arises in this appeal filed by well known Company dealing in manufacture of refrigerators of make 'Kelvinator', as to whether manufacturer of goods can be absolved of the obligations by unilateral act of selling the entire goods to sole selling agent who further markets such goods through dealers providing warranty for defects in the goods.

2. The appellant, M/s. Kelvinator India Ltd. with registered office at New Delhi is a Company incorporated under the Companies Act. It manufactures refrigerators of 'Kelvinator' make in its factory. One such refrigerator was purchased by the complainant S.P. Garg of Village Munak, District Sangrur from M/s. Jai Durga Electronics Company, Munak for a sum of Rs. 5,500/-in March, 1989. A sum of Rs. 450/- was also paid as service charges. The refrigerator after working for two months abruptly stopped. A report was made to the dealer M/s. Jai Durga Electronics Company. Some repairs were done to the refrigerator and it started working. In April, 1990, it again stopped working. The old defects continued. The complaint made to the dealer did not bring







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