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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
Ashok Bhan, President and B.K. Taimni, Member
SUBHASH CHAND AGARWAL - Appellant
Versus
AVL INDIA PVT. LTD. - Respondent
Revision Petition No. 1951 of 2008, against Order dated 22.1.2008 passed in SC Case No. 119/A/07 passed by the S/C West Bangal
Decided on : 04-02-2010
Mr. Suresh Kumar Mitruka, Advocate, for the Appellant; Ms. Suman Basu, Advocate, for the Respondent
The court upheld the principle of warranty protection for consumers and directed the respondent to rectify defects and extend the warranty period.
Headnote:
Warranty Dispute - Consumer Protection - The court directed the respondent to carry out repairs on the smoke meter in accordance with the State Commission's directions and extended the warranty by one year from the date the smoke meter is made functional.
Fact of the Case:
The petitioner purchased a smoke meter from the respondent, which developed defects soon after installation. The District Forum dismissed the complaint, but the State Commission allowed it, citing defects occurring during the warranty period.
Finding of the Court:
The court directed the respondent to carry out repairs on the smoke meter as per the State Commission's directions and extended the warranty by one year from the date the smoke meter is made functional.
Issues: Dispute over warranty and repairs for a defective smoke meter.
Ratio Decidendi: The court upheld the State Commission's finding that defects occurred during the warranty period and directed the respondent to rectify the mistakes and extend the warranty by one year from the date the smoke meter is made functional.
Final Decision: The court directed the respondent to carry out repairs on the smoke meter as per the State Commission's directions and extended the warranty by one year from the date the smoke meter is made functional.
ORDER
Ashok Bhan, President - Heard the Counsel for the parties.
2. Complainant/petitioner's case is that he wanted to start pollution testing centre on the basis of the certificate granted by the competent authority. A representative of the respondent met the petitioner and requested him to purchase a smoke meter manufactured by respondent along with accessories and the petitioner, accordingly, paid a sum of Rs. 1,40,000 for the smoke meter which was installed at his place at Burdwan Road, Silliguri by the service engineer of the respondent. Soon after the installation of the said smoke meter with accessories, the smoke meter developed defects and did not function properly. Petitioner reported the matter to the respondent but no action was taken. Aggrieved by this the petitioner filed the complaint before the District Forum.
3. District Forum dismissed the complaint. Not satisfied with the Order passed by the District Forum, petitioner filed an appeal before the State Commission. State Commission allowed the complaint and set aside the Order of the District Forum. It was held that defects had occurred during the warranty period. On the basis of the joint inspection report, obtained from the technical experts, that the smoke meter showed error and was not functioning properly a direction was given to the respondents to rectify the mistakes and if need be by replacing certain parts.
4. Aggrieved by the Order passed by the State Commission, the petitioner filed the present Revision Petition. A limited notice was issued, with regard to the extension of warranty period to the respondent.
5. Counsel for the petitioner contends that the respondent did not comply with the orders passed by the State Commission. The case of the respondent/opposite party is that the respondent had sent its engineers to repair the smoke meter more than once but the service engineer was not allowed to even touch the machine.
6. This Revision Petition is disposed of with the directions to the respondent to carry out the repairs in terms of the directions issued by the State Commission. The petitioner is directed to permit the service engineer of the respondent to carry out the repairs to make the smoke meter functional. The warranty is extended by one year from the date smoke meter is made functional. In case respondent does not carry out repairs the petitioner would be at liberty to file an execution application.
