By Smt. C.S. Sulekha Beevi, President,<br /> <br /> 1. Brief facts:-<br /> It is the say of complainant that the refrigerator used in his house developed snags in March, 2005. He approached the repair Centre of second opposite party to get it repaired. He was informed by second opposite party that the compressor inside the refrigerator was faulty and that it has to be changed. Complainant gave permission to second opposite party to purchase necessary things for repair and handed over the required amount. Second opposite party purchased compressor from the shop of first opposite party and handed over the bill and warranty card to complainant along with the repaired refrigerator. While so, the fridge again developed snags and the compressor became defective during its' warranty period itself. Complainant approached second opposite party to get the fridge repaired. Meanwhile,the proprietor of second opposite party establishment, Thangal had gone abroad leaving the firm to the present owners. As per their direction complainant approached 1st opposite party along with warranty card for replacement of defective compressor. First opposite party did not accede to his request stating that they have no transaction with the complainant and that the compressor was sold to Thangal. Hence this complaint seeking Rs.1,650/- being the price of compressor and Rs.3,770/- towards expenses and compensation along with costs of Rs.1,000/-.<br /> 2. First opposite party has not filed any version. Notice to second opposite party was served through publication. Second opposite party was set exparte on 25-3-08.<br /> 3. Evidence consists of affidavit filed by complainant and Exts.A1 to A7 marked on his behalf. There is no documentary or oral evidence on the side of opposite parties.<br /> 4. Complainant is aggrieved that the compressor of his refrigerator became defective during the warranty period itself. It is also his say that the compressor was purchased from first opposite party by Thangal, Proprietor of second opposite party who repaired his fridge by fitting the compressor. Ext.A1 is the warranty card. In Ext.A1 the date of installation is 05-4-05 and the period of warranty is one year. The make of the compressor is noted as NAE—8, and is issued by first opposite party. Ext.A2 is the quotation issued by first opposite party. Ext.A2 is the quotation issued by first opposite party to Thangal for the purchase of New Godrej Compressor NAE—8. The price of compressor as per Ext.A2 is Rs.1,650/-, and the date is 05-4-05. Ext.A3 is the notice issued by complainant to opposite parties on 21-2-06. First opposite party has replied by Ext.A5 admitting that Saidalavi Koya Thangal had purchased a compressor along with other items. It is stated in Ext.A5 that Thangal has not made the payment till date for the purchases made by him. First opposite party has denied any liability to compensate the complainant alleging that there is no transaction between the complainant and first opposite party and that the transaction if any is only between first opposite party and second opposite party. The reply send by second opposite party is Ext.A6. It is contended in Ext.A6 that second opposite party establishment was taken over by the present owner from Thangal. There was no agreement to shoulder any existing financial liabilities at the time of transfer of proprietorship and therefore second opposite party is not liable to compensate the complainant. It is also stated that complainant could approach first opposite party if he has any grievance regarding defect of compressor. Even though first opposite party entered appearance through counsel, has opted not to file any version. The defence if any on the side of first opposite party is evident from Ext.A5 reply notice. The complaint of defect of compressor is resisted by first opposite party on the ground that complainant did not purchase it. Ext.A5 reply notice establishes that prior to issuing of Ext.A3 notice complainant has approached first opposite party along with warranty card. Thus first opposite party has been put to notice regarding defect of compressor. Ext.A1 and A2 proves that the compressor was purchased from first opposite party shop by Thangal, the previous proprietor of second opposite party. According to complainant he paid necessary amount to Thangal who in turn purchased the compressor from first opposite party and repaired his refrigerator. Under Sec.2(1)(d) of Consumer Protection Act, the definition of consumer includes “any user of such goods other than the person who buys such goods.” The term “Consumer” includes any person who uses the goods with the permission of the buyer though he is not himself, the buyer. The act of first opposite party in selling defective goods amounts to unfair trade practice. The compressor has become defective during its; warranty period and therefore complainant is entitled to get it replaced. We find first opposite party is liable to compensate the complainant. Regarding the liability of second opposite party, it is the admitted case of complainant that Thangal who purchased the compressor has gone abroad and the proprietorship of second opposite party establishment is presently changed. Further complainant has not produced any document to show that he made payment to second opposite party, towards price of the compressor or towards repair of the fridge. We therefore find second opposite party, the present owners who are totally ignorant as to the transaction cannot be saddled with liability. We hold complainant is entitled to refund of Rs.1,650/- being the cost of compressor along with cost of Rs.500/-.<br /> 5. In the result we allow the complaint, and order first opposite party to pay a sum of Rs.1,650/- (Rupees One thousand, six hundred and fifty only) to the complainant along with cost of Rs.500/-(Rupees five hundred only) within one month from the date of receipt of copy of this order. On payment complainant shall return the alleged defective compressor to first opposite party.<br /> <br /> <br /> Dated this 28th day of June, 2008.<br /> <br /> <br /> <br /> Sd/-<br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> <br /> Sd/-<br /> E. AYISHAKUTTY, MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> APPENDIX<br /> <br /> <br /> Witness examined on the side of the complainant : Nil <br /> Documents marked on the side of the complainant : Ext.A1 to A7<br /> Ext.A1 : Warranty card.<br /> Ext.A2 : Quotation for Rs.1,650/- dated, 05-4-05 issued by first opposite <br /> party to Thangal. <br /> Ext.A3 : Registered Letter dated, 21-2-06 by complainant to first opposite party.<br /> Ext.A4 : Photo copy of the reply letter dated, 16-3-2006 by first opposite party <br /> to complainant.<br /> Ext.A5 : Reply letter dated, 16-3-2006 by first opposite party to complainant.<br /> Ext.A6 : Reply letter by second opposite party to complainant.<br /> Ext.A7 : Acknowledgement card received from opposite parties<br /> to complainant.<br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Nil<br /> <br /> <br /> <br /> <br /> Sd/-<br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> <br /> Sd/-<br /> E. AYISHAKUTTY, MEMBER