GODREJ And BOYCE MFG. CO. PVT. LTD. vs BHARATLAL AGRAWAL

THIS is an appeal filed by M/s Godrej & Boyce Mfg. Co. Ltd., Godrej safe and the Commercial Agencies, Sarafa Bazar, Lashkar, Gwalior.

THE respondent-Bharatlal Agrawal had purchased a Godrej Refrigerator from the Commercial Agencies, Sarafa Bazar, Lashkar, Gwalior in the Gwalior Trade Fair. This refrigerator started giving complaints within six months of the purchase. When the complainant contacted non-applicant No. 3 Commercial Agencies, they directed him to apprise them of complaints and to contact Rajasthan Central Stores Pvt. Ltd., Jaipur to attend to the complaints. Rajasthan Central Stores Pvt. Ltd. also wrote to the complainant demanding all the papers relating to the Refrigerator and also wrote that as they have to attend an outstation complaint, the expenses involved will have to be paid by the complainant. After some correspondence, non-applicant No. 3 Commercial Agencies, Gwalior sent a mechanic with the applicant for inspection of the Refrigerator, at the expenses of the complainant and the complainant had to pay a fees of Rs. 50 also for this purpose. The mechanic reported that the compression of the Refrigerator is defective and needs to be replaced. The complainant again wrote to the non-applicants No. 2 and 3 about this who wrote back for inspection of the Refrigerator. Non-applicants then assured replacement of compress or after summer.

When this was not done, again the complainant contacted the no applicants. Thereafter, the complainant served a notice through a Lawyer and filed the complaint before the District Forum. In reply the no applicants contended before the Forum that the complainant had got the Refrigerator dealt with by a private mechanic in violation of the terms of guarantee and this private mechanic seems to have tampered with the Refrigerator.

IT was further contended that since the Refrigerator was transferred from Gwalior to Dholpur, the complaint could be dealt with by the local dealer and not by the dealer at Gwalior. According to the non-applicants they were ready to replace the unit free of costs if the Refrigerator is transported to Gwalior at the expense of the complainant or if, the complainant deposits expenses of a mechanic for a day to travel upto Dholpur. Thus, in a sense, the no applicants have shown the readiness to replace the unit on the aforesaid conditions and have not denied that the unit of the Refigerator is defective. The District Forum took evidence in the case and, ultimately, directed that the unit be replaced at Dhopur and from the date of replacement of the unit guarantee of further 5 years be given in respect of the unit, Rs. 2500/- be paid to the complainant as compensation and Rs. 300/- for expenses of the complaint as also Rs. 250/- as lawyer''s fee. Aggrieved by this order, the present appeal has been filed.

THE controversy in the case is very narrow. Right from the beginning the appellants have shown the readiness to replace the unit. THE only question was whether the complainant had a right to ask the appellants to repair his Refrigerator at Dholpur. THEre is no material on record to show that the appellants had agreed to service and repair the Refrigerator wherever it was taken by the complainants. THE Refrigerator was purchased at Gwalior and normally it would be deemed that it was purchased for use at Gwalior. If, a person residing outside Gwalior purchased goods in a trade fair to take advantage of tax re bates, he may do so but, he does not get a right in absence of a specific agreement to that effect to compel the seller to replace the defective part of the article or to repatriate the place where he resides. No such agreement compelling the appellants to repair the Refrigerator or replace its parts outside Gwalior has been pleaded or proved. If, such a plea is allowed or such an agreement is presumed, it will lead to an absurd result. In that case the appellants would be considered fortunate enough that somebody from far of Kerala or Tamilnadu had not bought the Refrigerator at Gwalior Trade Fair, otherwise they would be expected to go up to that far of place for replacing the part or bring the Refrigerator at their own expense to Gwalior for effecting repairs or replacement. The, appellants have not taken an unreasonable stand in this regard. As soon as the Refrigerator was sold and shifted to Dholpur, they rightly transferred the responsibility of servicing and attending the Refrigerator to Jaipur dealer under whom Dholpur comes. If, a man from Jaipur had to be sent to repair a Refrigerator or to attend to its defects at Dholpur it was reasonable to expect in absence of contract to the contrary that expenses will be paid by the purchaser. In the alternative the appellants have shown their readiness to repair the Refrigerator or replace its unit if, the Refrigerator is sent to Gwalior or expenses of the mechanic for travelling from Gwalior to Dholpur and his salary of one day is paid by the complainant. This offer is absolutely reasonable. The District Forum has unnecessarily saddled the appellants with several conditions for replacement of the unit and has also directed the appellants to pay compensation and expenses. On closely examining the material on record, we do not find that there is any basis for the view taken by the District Forum. The appellants have, right from the beginning, shown their readiness to replace the unit on condition of it being brought to Gwalior or expenses for the mechanic being paid. This was not an unreasonable stand and, therefore, there was absolutely no deficiency in service. So far as the defect in the goods is concerned, the District Forum could have only ordered removal of that defect and since the appellants were all along ready to remove that defect, there was no question of awarding compensation.

FOR the aforesaid reasons, this appeal is allowed. The order of the District FORum is set-aside and it is directed that if the respondent-Bharatlal, the original complainant, transported the Refrigerator at his own expense to Gwalior to the premises of appellant No. 3 M/ s Commercial Agencies within a month from the receipt of this order by him, the appellants shall replace the defective unit and hand over the Refrigerator to the complainant-Bharatlal at Gwalior at the premises of appellant No. 3 M/s Commercial Agencies, Lashkar, Gwalior within a week of the hand over of the Refrigerator to appellant No. 3. It is also directed that if the respondent-Bharatlal the original complainant chooses to get the Refrigerator unit replaced at Dholpur, he shall signify his readiness to do so to the appellants within a month fro the receipt of this order and demand from the appellants a bill of expenses for sending the mechanic to Dholpur. The expenses shall be Bus fare for the mechanic for travelling to Dholpur and back and to more than, Rs. 75/- towards salary for a day of the mechanic. The appellants shall within 7 days of the receipt of the aforesaid intimation demanding bill of expenses shall tender the bill to the complainant-Bharatlal and within 15 days, thereafter he shall deposit the amount with appellant No. 3 M/s Commercial Agencies, Gwalior. Within 15 days of the deposit of this amount the appellant No. 3 shall send a mechanic for replacement of the unit at Dholpur. Though the appellants shall not be required to give a guarantee for any period for the unit installed in replacement of the defective unit, but if the new unit is found to be defective, the respondent-Bharatlal shall be free to file a fresh complaint in respect of that.

WITH these directions this appeal is disposed of. There shall be no order as to costs. Appeal disposed of.