1. Case of the complainant is that Iram Shehzad on 5.6.2012 purchased a Room Air Cooler for a consideration of Rs. 8500/- along with it frame Rs. 500/- which started leaking water from the various places. Apart from leakage the electricity was also found due to short circuiting. According to the complainant the said Room Cooler has became rusted and in this way the defective product has been sold by the respondent.
2. Respondent was served who appeared and admitted the sale of Room Air Cooler to the complainant with the contention that warranty to the extent of motor and water pump was extended whereas the remaining warranty was never issued. Both the parties were asked to lead there respective evidence.
3. Iram Shehzad complainant appeared in the witness box in support of his contention and produced purchase receipt Ex-P1. During the course of cross examination by the learned counsel for the respondent, complainant confirmed the rusting of the Room Air Cooler and leakage of water form body of the same. Pw-2 Muhammad Ayaz Mufti also corroborated and supported the contention of the complainant. On the other hand respondent Muhammad Rashid himself appeared and admitted the sale of Room Air Cooler in question to the complainant he admitted that body of the Room Air Cooler was fabricated by him and explained that no warranty/guaranty is issued regarding the body of the Room Air Cooler. He admitted that he had offered to the complainant for replacement of the said Room Air Cooler however, he refused to receive back the Room Air Cooler in question.
4. I have heard the arguments and gone through the record.
5. Sale and purchase of the Room Air Cooler in question is admitted by the parties. Respondent has not specifically denied the defects pointed out by the complainant in the said Room Air Cooler.
6. Irrespective of the contention of the respondent that no warranty is issued regarding body of the Room Air Cooler, the respondent is fully responsible for the durability of the body fabricated by him at least for a reasonable time. As per evidence the said body of the Room Air Cooler during short period started leaking the water and became rusted meaning there by that substandard material was used in it. In the circumstances respondent is directed to return the amount of the Room Air Cooler Rs. 8500/- along with price of stand Rs. 500/- to the complainant immediately and received back the said cooler. Complaint is disposed off in the above said terms. File be consigned to record room after due completion.