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2015 SHC 3

Muhammad Sajid vs Proprietor United Electronic,Circular Road, etc.

Citation2015 SHC 3
CourtDistrict Consumer Court
Case No.Case No. 3440/14
Date2015-01-28
Judge(s)District Sessions Judge
ResultN/A

1. This petition has been moved through Assistant Director Legal Consumer Protection Council, Bahawalpur in which contention of the claimant is that that he purchased "refrigerator" from respondent on 02.06.2012 in which there was warrantee of Compressor for three years. Fridge becomes out of order and its "compressor" left working, at which respondents were contacted.

2. They checked the fridge and stated that there was no fault in "compressor". Claimant continues using the fridge till April, 2014 when "compressor" stopped functioning completely. Claimant contacted the respondent at which he was advised to contact their workshop. They received the fee of Rs.3, 000/- alongwith further fee of Rs.600/- and they delivered back to him fridge at the pretext and if it again become out of order, it will be replaced. Afterwards again the fridge did not stop but respondent did not replaced the fridge nor they fixed "new compressor", hence the petition.

3. Respondent contested the petition on legal and factual grounds submitting that respondents are bound according to their "warrantee card". Fridge cannot be replaced rather as per "warrantee" its compressor can be changed for which, company always ready, so petition being misconceived, is liable to be dismissed. Both parties led their pro and contra affidavits in support of their evidence.

4. Arguments on the part of Assistant Director Legal on behalf of claimant and that of Sajjad Bashir Baloch learned counsel on behalf of respondent has been heard, record perused. Without touching the merits or demerits of the matter, I am of the opinion that respondents are willing or ready to get replaced the "compressor of fridge", then there remains no dispute. Respondent are directed to change the "compressor of fridge" to bring in on working order and they are directed to return the fee Rs.3,000/- and Rs.600/- which they have received from claimant at the pretext of "Service charges" or any other fee. Respondent are directed to compliance the order within a period of one month, otherwise law shall take its on course.

5. File be consigned.

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