AI Structured Summary
Not yet generated for this judgment
Judgment
MR. Justice Ashok Bhan, President-Heard the Counsel for the parties.
COMPLAINANT/Petitioner''s case is that he wanted to start pollution testing centre on the basis of the certificate granted by the competent authority. A representative of the respondent met the petitioner and requested him to purchase a smoke meter manufactured by respondent along with accessories and the petitioner, accordingly, paid a sum of Rs. 1,40,000 for the smoke meter which was installed at his place at Burdwan Road, Silliguri by the service engineer of the respondent. Soon after the installation of the said smoke meter with accessories, the smoke meter developed defects and did not function properly. Petitioner reported the matter to the respondent but no action was taken. Aggrieved by this the petitioner filed the complaint before the District Forum.
DISTRICT Forum dismissed the complaint. Not satisfied with the Order passed by the District Forum, petitioner filed an appeal before the State Commission. State Commission allowed the complaint and set aside the Order of the District Forum. It was held that defects had occurred during the warranty period. On the basis of the joint inspection report, obtained from the technical experts, that the smoke meter showed error and was not functioning properly a direction was given to the respondents to rectify the mistakes and if need be by replacing certain parts.
AGGRIEVED by the Order passed by the State Commission, the petitioner filed the present Revision Petition. A limited notice was issued, with regard to the extension of warranty period to the respondent.
COUNSEL for the petitioner contends that the respondent did not comply with the orders passed by the State Commission. The case of the respondent/opposite party is that the respondent had sent its engineers to repair the smoke meter more than once but the service engineer was not allowed to even touch the machine.
THIS Revision Petition is disposed of with the directions to the respondent to carry out the repairs in terms of the directions issued by the State Commission. The petitioner is directed to permit the service engineer of the respondent to carry out the repairs to make the smoke meter functional. The warranty is extended by one year from the date smoke meter is made functional. In case respondent does not carry out repairs the petitioner would be at liberty to file an execution application. R.P. disposed of.