M.A.A.KHAN, SUSHMA TANWAR
MAHENDRA KUMAR ARORA – Appellant
Versus
ELECTRO REFRIGERATION ENGINEERS – Respondent
Mr. Justice M.A.A. Khan, President—Heard.
The appellant had purchased a Kelvinator fridge for Rs. 8,100 from the respondent on 1.6.1993. According to the appellant the said fridge did not give satisfactory services to him whereupon he contacted the respondent for change of the compressor. The respondent duly replaced the compressor of the fridge on 19.5.1994. But still the grievance of the appellant with regard to the alleged defect in the cooling system of the fridge continued and he, therefore, again contacted the respondent on 11.6.1994. Since the respondent did not remove the defect in the fridge, the appellant filed his complaint before the D.F. The D.F. dismissed the complaint on the ground that the appellant had given a warranty for one year only which had expired on 31.5.1993 and, therefore, it was not liable to repair the fridge any more. It was also pointed out by the D.F. that for services during the next 6 years, there was a contract of the purchasers of the fridge with Expo Machinery Ltd., New Delhi which was not made a party to the present complaint and, therefore, no relief could be awarded to the appellant.
2. It was urged by the learned Counsel for the appellan
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