ORDER

Per Sh. Rakesh Kapoor, President

On 21.4.2010, the complainant had purchased a refrigerator which is manufactured by OP1.  It is alleged by the complainant that the refrigerator had worked perfectly for a period of two years after which it had started creating problems. He had lodged a complaint in the month of September 2010 with the customer care service of the OP. a service engineer had visited the complainant and on inspection of the refrigerator had informed the complainant that there was a defect of gas leakage due to damaging of internal pipes which had rusted and were not in a repairable condition.  The OP had offered to give a new refrigerator on a discount of 35% which was not acceptable to the complainant.  The complainant has alleged unfair trade practice on the part of the Ops and has approached this forum for redressal of his grievances.

            The OP has contested the complaint but has failed to file a written statement.

            The learned counsel for the OP has, however, contended that the present complaint is not maintainable as the refrigerator purchased by the complainant is out of warranty.   He has contended that the refrigerator was warrantied for one year and admittedly the machine had worked properly for a period of two years. He has contended that since the machine has gone beyond the period of the warranty , the OP was not bound to replace/repair the same free of cost. We have considered the contentions of the learned counsel with which we are in agreement.  The refrigerator had a warranty of one year. Admittedly, its cooing coils needed to be repaired/ replaced. Since, the machine had gone beyond the warranty period, the OP was not bound to replace /repair it free of cost. We , therefore, see no deficiency on the part of the OP in the present case. In the result, we dismiss the complaint.

Copy of the order be made available to parties free of cost as per law.

          File be consigned to R/R.

        Announced in open sitting of the Forum on_____________