Western Refrigeration Pvt Ltd vs Anuj Aggarwal

COUNSEL for the petitioners present. Arguments heard. The complainant Anuj Aggarwal purchased a 400 litres capacity Refrigerator from M/s Meenu Refrigeration and Electronics, Alwar - petitioner No.2/OP. The same was manufactured by M/s Western Refrigeration Pvt. Ltd. Mumbai petitioner No.1/OP for a consideration of Rs.38,000/ -. After about 10 -11 days, the Refrigerator started giving problems. On 28.10.2010, mechanic of the OP visited and investigated the refrigerator and re -filled the gas. Again on 03.03.2011, the compressor of the fridge was replaced which after sometime stopped working.

THE petitioner filed a Consumer Complaint before the District Forum Alwar. The District Forum dismissed the complaint and did not place reliance on the authority filed by the complainant, Doctor Vijay Prakash Goyal Versus The Network Limited, 2005 4 CPJ 206 . It placed reliance on another authority Birla Technologies Limited versus Neutral Glass and Allied Industries Ltd.,2011 NCJ 390 .

HOWEVER , the State Commission accepted the appeal filed by the complainant and placed reliance on Amtrex Ambience Ltd. Vs. Alpha Radios and others, 1996 1 CPJ 324 and other two cases and accepted the complaint. It passed the following directions: - "8. In view of this, we accept this appeal and the order of the Ld. DCF is quashed. We order that respondent would replace the Refrigerator supplied to the complainant within one month of this order or returning the cost of Rs.38,000/ - to the complainant. The respondent would also pay Rs.10,000/ - as compensation for mental agony and Rs.2100/ - as cost of this prosecution. Though the respondents would be liable jointly and severally".

Counsel for the petitioners vehemently argued that this refrigeration was purchased for commercial purposes. He submits that the Complainant is running a restaurant. In para No. 1 of the complaint, the complainant mentions: - "1. That complainant is having rented shop no.8 in Shiv Complex Jail Crossing, Alwar at a monthly rent of Rs.1100/ - for the business of Ice cream parlor and restaurant. Its rent agreement is in the name of the father of complainant. In the said shop, complainant started his ice cream parlor business in the name of chill and chilli. The complainant is proprietor of the said business".

At para No. 6 it was mentioned: - "6. That due to non -functioning of deep fridge, complainant could not do his business as entire season of his business was ruined due to non -functioning of deep fridge in the summer season. Business of complainant came to an end due to which the complainant suffered loss of lakhs of rupees and he deserves to be compensated for those losses caused by the Opposite Parties".

ALL these averments do not go to prove that this machine was used for commercial purposes. The complainant has stated that he is a proprietor of his business. There is not even an iota of evidence to show that the business is run by a number of persons. It is also clear that the complainant does not have any other refrigerator and his business hinges upon only upon one refrigerator. If he is running the business single handedly without the help of any other person, it is to be assumed that he is transacting this business only for the sake of his livelihood. Consequently, the arguments urged by the counsel for the petitioners have to be left out of consideration.

NO other arguments were advanced.

THIS matter involves a small amount of Rs.38,000/ - or the new refrigerator. The authority by the Hon''ble Supreme Court neatly dovetails the facts of this case, titled as Gurgaon Gramin Bank vs. Smt. Khazani and ANR. Civil Appeal No. 6261 of 2012 @ Special Leave Petition (C) No. 8875/2010. by a bench of Hon''ble Justices K S Radhakrishnan and Dipak Misra, while expressing disapproval at the tendency to drag every small matter, up to the Supreme Court. The bench observed : - "Unless serious questions of law of general importance arise for consideration or a question which affects a large number of persons or the stakes are very high, court''s jurisdiction cannot be invoked for resolution of small and trivial matters. We are really disturbed at the manner in which those types of matters are being brought to courts, even at the level of the Supreme Court."

IT is also pertinent to mention here that the compressor is the vital part of the refrigerator upon which the whole refrigerator functions. Consequently, the Revision Petition is dismissed.