1. Muhammad Jameel, the petitioner, purchased a Dawlanace Refrigerator (Model 9188WPM) for Rs, 25,400/- from Albadar Electronic Amin Bazar, Sargodha on 19.05.2008. After few days he observed electric shock from the Refrigerator. Assertedly he contacted the proprietor of Albadar Electronics Amin Bazar, Sargodha for its exchange. Since to change the same, so he approached this court.
2. During trial United Refrigeration Industries Ltd was also impleaded as respondent.
3. Proprietor Albadar Electronics Amin Bazar, Sargodha and United Refrigeration Industries Ltd contested the claim of petitioner clarifying that nothing is wrong with the Refrigerator. Since petitioner is not using the disputed Refrigerator according to instructions mentioned in warranty card and his electric wiring is not properly earthed in his house, therefore, he might have some problem. The respondent prayed that his claim be rejected. Both the parties were asked to bring their evidence.
4. Petitioner appears as Aw1. He proved contents of his complaint. Muhammad Shabbir and Muhammad Akbar appeared as Aw-2 and Aw-3 respectively. They both stated that on touching of Refrigerator, they felt Electric Shock. On the other hand Qamar Hussain Branch Manager, United Refrigeration Industries Ltd appeared as Rw-1, Ehsan Khalid Ex-supervisor of United Refrigeration Industries Ltd appeared as Rw-2 and Abdulwaheed proprietor of Albadar Electronic Amin Bazar Sargodha, appeared as Rw-3. They stated that nothing is wrong with Refrigerator. Since petitioner is not using Refrigerator according to the instructions contained in warranty card, therefore, he is feeling that Refrigerator is short.
5. Assistant Director Legal submitted that from contents of written reply of respondents as well as from the statements of their witnesses, it is established that some thing is wrong with the Refrigerator. That is better to have earth installation in the house but it doe not mean that if earth installation is not in house then the electric appliances have to show the presence of electricity. He is of the view that petitioner has established beyond doubt that he product of respondents sold to him is defective. He prayed that the respondent be directed to change the Refrigerator given to petitioner with new one or refund him Rs, 25,400/-. He further prayed that petitioner be also awarded compensation.
6. Qamar Hussain representative of United Refrigeration Industries Ltd and Abdul Waheed proprietor of Albadr Electronic Amin Bazar, Sargodha apposed this claim and submitted that nothing is wrong with the Refrigerator. Petitioner cannot be give refund and also the Refrigerator cannot be changed. They prayed that this claim be rejected.
7. I have considered the arguments, so for as sale of Refrigerator by respondents to petitioner is concerned, it is not denied. The petitioner as Aw-1 and his witnesses Muhammad Shabbir, Muhammad Akbar as Aw-2 and Aw-3, have proved unanimously that Refrigerator purchased by the petitioner gives electric shock whenever its touched. The assertion of the respondents that petitioner should earth his wiring for proper use of Refrigerator does not found favour with the court because earthing of wiring is to save the person from some unknown presence of electricity. If petitioner does not have proper earthing in house it does not mean that product sold to him should show the presence of electric current. This court is in agreement with the petitioner that the product of respondents is defective and same require change with new one. If the respondents have hesitation to change the same than they are ordered to refund Rs, 25,400/- to the petitioner.
8. They are further directed to pay Rs, 5000/- as compensation to the petitioner. Claim is accepted.