Pardeep Kumar vs SETHI ELECTRONICS

PARDEEP Kumar, complainant is in appeal challenging order of District Forum, Mansa dated June 13, 1998 whereby the complaint filed by him was allowed with costs of Rs. 500/-. A direction was given that the complainant shall procure the Relay System at his own expense and would hand over the same to opposite party No. 1, Sethi Electronics, Mansa, the dealer of the Refrigerator who would thereafter get the Fridge alongwith new Compressor supplied by him for replacement from the machanic Amrit Pal and after installing the Compressor and the Relay System, make the Refrigerator in workable condition and return the same to the complainant within 10 days. Opposite party No. 1 was to bear the entire expenses of the exercise referred to above and was further to pay a sum of Rs. 2,000/- towards compensation for mental tension and inconvenience caused to the complainant for non-availability of the Refrigerator. In appeal, the complainant prays for enhancement of the compensation of Rs. 5,000/- with interest. He also prays for the cost of the Relay System to be borne by the opposite parties.

APPEAL No. 618 of 1998 has been filed by Sethi Electronics, Mansa, the opposite party No. 1, the dealer, with the prayer to set aside the order of the District Forum referred to above. Thus, both these appeals are being disposed for vide this appeal. There is another Revision Petition No. 107 of 1998 filed by Pardeep Kumar challenging order of District Forum dated August 18, 1998 dismissing his application filed under Section 27 of the Consumer Protection Act. At the outset, it may be stated that this revision petition has become infructuous as the Refrigerator, after necessary repairs, has already been handed over to the complainant.

The vital question for consideration in the two appeals filed by the parties challenging the impugned order depends upon the interpretation and scope of the guarantee accompanying the sale of Refrigerator. On February 2, 1994, complainant purchased Voltas Fridge on payment of Rs. 8,650/- from opposite party No. 1 against a bill. The motor of the Fridge having burnt during the service contract, on complaint lodged, was replaced. Opposite party No. 1 wanted to charge for the gas and the Relay System. However, the complainant did not pay. After few days of replacement, again fault occurred and the opposite party was approached. The complainant was directed to get the Fridge repaired from Amrit Pal at Jawaharke Road, Mansa. The complainant left the Fridge with Amrit Pal. Opposite party No. 1 supplied the new Compressor. The complainant took the same to Amrit Pal for replacement who asked for Relay System. The dealer at that stage declined to oblige to give the Relay System free of cost and the situation remained at that. Ultimately the complainant had approached the District Forum. The opposite parties took up the plea that Relay System was not either part or component of the sealed unit known as Compressor and the complainant was to pay for the same as well as for the gas. Thus, on handing over of the Compressor there was no deficiency in rendering service on his part. After getting evidence on affidavits of the parties and the documents, the impugned order was passed.

THE terms and conditions of the guarantee are contained in Ex. C-3 as well as in Ex. C-4. In Ex. C-3, such terms are as under : "Voltas guarantees to honour your above mentioned rights. You may please note : (1) Repairs or replacement of parts under your entitlement would be carried out by the nearest Voltas Service Station/Authorised Dealer. In case your Refrigerator requires reairs at the workshop, our representative will advise you accordingly. (2) Your entitlement mentioned above is confined to repairs and replacement of the defective parts only and does not cover any consequential or resulting liability, damage or loss or replacement of the Refrigerator itself or refund of the price. (3) We shall not be able to honour your entitlement if,- (a) your Refrigerator is modified or improperly installed or repaired; or (b) damage is caused by accident, fire or misuse; or (c) the original serial numbers are removed, obliterated, or altered from the machine or cabinet."

And in C-4, such conditions for six year optional service contract are as under : "Voltas Limited (hereinafter referred to as ''the Company'') hereby contracts with the Purchaser/Owner of the Voltas Refrigerator bearing the serial number as mentioned above that for a period of six years commencing from the date of expiry of the one year guarantee, the Company will in consideration of the service charges paid, repair or replace free of charge any part of the hermetically sealed refrigeration system provided the Company is satisfied that the defect or defects are due to faulty material or workmanship and not due to improper usage. THE term ''sealed system'' shall mean hermetically sealed refrigeration system consisting of compressor, condenser and evaporator."

Further conditions for six years optional service contract are also mentioned therein. The relevant Condition Nos. 3 and 10 are as under : "3. This contract does not apply to replacement, repair, adjustment or other attention required by the Refrigerator, the cabinet or any parts thereof or to its interior and exterior finish, or its mechanism, and is limited only to maintenance, repair or replacement of parts or components of the sealed system. 10. This contract is void, if,- (a) in the opinion of the Company the Refrigerator is modified or improperly installed or repaired; or (b) any damage is caused during transit, by accident, fire or misuse; or (c) the original serial numbers are removed, obliterated or altered from the machine or cabinet."

THE reading of these two documents C-3 and C-4 makes it abundantly clear that in order to boost sale of the Refrigerator, the Company has given service contract in the form of guarantee as referred to above for proper and effective functioning of the Fridge during the period of guarantee. THE interpretation of the terms and conditions referred to above has to be such that it would enhance the object of the contract, to say that during the period of six years only sealed unit, if found defective was guaranteed to be replaced, would not only mean handing over of the sealed unit to the consumer who is to be left at his own to get it replaced in the machine. THE Company had taken upon itself to do the entire work of repairs and replacements as would be clear from another clause given in Ex. C-3 which reads as under : "You are entitled to- (1) Repairs or replacement free of charge of any part or parts of the Refrigerator for a period of one year from the date of purchase when we identify the defects as due to faulty material or workmanship and not due to improper usage. We regret this entitlement does not extend to the light bulb since the bulb manufacturer''s guarantee is not available to us. (2) Free after-sales service during the abovementioned period is available within municipal limits of the city or town where the dealer is located. (3) Free transportation of the Refrigerator to the workshop in case of necessary repairs is available, if the Refrigerator is used within the municipal limits of the city or town where your dealer is located."

The above clauses would further indicate that at Company''s expenditure, the Refrigerator was to be taken to workshop, if necessary, and return after doing the needful. Keeping in view this aspect of the matter, it may be observed just for example sake that if the sealed unit requires replacement in order to make the Refrigerator functional, it was necessary after installation of the sealed unit in the Fridge to fill in the gas which is a necessary component, it is only then that the Fridge would start functioning. Likewise if at the time of replacement of the sealed unit, it is found necessary to replace the Relay System without which the machine cannot start functioning, it would be incumbent upon the opposite party to do so and they would not be entitled to charge price of the Relay System though technically it is argued that it is neither a part nor a component of the sealed unit. The price of the Relay System is stated to be only Rs. 164/- for which the dispute was being raised in the proceedings. It is only after the Fridge is made functional that it could be said that the guarantee given has been implemented. That being the position, the complainant is also held entitled to the price of the Relay System, if charged. The grant of compensation in case of inordinate delay taken by the opposite parties to make the Fridge functional is again not a simple matter. Under Section 14(1)(d) of the Consumer Protection Act, on account of negligent act of the opposite party, the loss suffered by the complainant is to be determined for which he is to be compensated. In the case of mental tension or inconvenience, it is difficult to have evidence in the matter of assessing loss. Assumption or guess-work has to be introduced where compensation is to be determined in such like circumstances. The fact cannot be lost right of that in the modern era, Refrigerator more or less has to be a necessity which about two decades ago was only a luxury. Keeping in view the fact that the complainant was deprived of the utility of his Refrigerator for sufficiently a long period, compensation of Rs. 2,000/- as awarded in the facts and circumstances of present case is highly inadequate. The ends of justice would be met if the compensation is increased to Rs. 3,000/-. For the reasons recorded above, the appeal filed by the complainant is allowed whereas the appeal filed by the opposite party is dismissed. The order of the District Forum is modified with respect to the quantum of compensation as referred to above. Revision Petition No. 107 of 1998 stands dismissed as it has become infructuous. Appeal allowed.