Oral

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Appeal No. 1131 of 2011

Ram Kishore Gupta, Proprietor, M/s Ram

Misthan Bhandar, 33-B-Z-1, Hemant Vihar,

Barra-2, Kanpur Nagar.                                       …Appellant.

Versus

M/s International Refrigeration Corporation,

7, Netaji Subhash Marg, Dariyaganj,

New Delhi-110 002                                          …Respondent.

Present:-

1- Hon’ble Sri Sushil Kumar, Presiding Member.

2- Hon’ble Smt. Sudha Upadhyay, Member.

Sri R.K. Gupta, Ld. counsel for the appellant.

None for the respondent.

Date  31.7.2024

JUDGMENT

Per Sri Sushil Kumar,  Member-   This appeal has been filed against the judgment and order dated 25.5.2011 passed by the Ld. District Forum, Kanpur Nagar in complaint case no.105 of 2009, Ram Kishore Gupta vs. M/s International Refrigeration Corporation, whereby the complaint was dismissed on the ground that the complaint failed to pay the total amount of the machine and a suit of recovery of Rs.25,000.00 is pending before the Civil court situate at Delhi. The ld. District Forum again concluded that that the complainant did not produce any document regarding warranty period.

Ld. counsel for the appellant submitted that the complainant purchased a Polo cold drink machine  on 2.4.2008 for installing it at the small shop of the appellant. He further argued that no guarantee card was given to the appellant/complainant but it was assured that the machine is under guarantee period of one year. The machine was installed on 6.4.2008 and within a period of six months, the machine created trouble four times. The technical expert attended the machine free of cost but on 5^th time i.e. on 22.10.2008 demanded payment for removing the defect and to set right the machine. The appellant denied payment as the machine was under guarantee period upto 6.4.2009.

On perusal of the record, it appears that no guarantee card is produced by the appellant/complainant on record. During the argument ld. counsel for the appellant showed document printed in Italian language and afforded to place this document on record but since the document was not in the language of this bench, this document was not receivable. No other record is available on record. Therefore, this bench is unable to ascertain the warranty period. Consequently, unable to amend the finding of the ld. District Consumer Forum. Therefore, the appeal deserves dismissal.

ORDER

          Appeal is dismissed.

The stenographer is requested to upload this order on the Website of this Commission today itself. 

          Certified copy of this judgment be provided to the parties as per rules.        

       (Sudha Upadhyay)                        (Sushil Kumar)                             

                Member                              Presiding Member

Jafri, PA I

Court 3