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The Managing Partner, Power Systems & Devices v/s P. Varghese Job & Another

    Appeal No. 1410 of 1996

    Decided On, 18 March 1997

    At, Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram

    By, THE HONOURABLE MR. JUSTICE P.K. SHAMSUDDIN
    By, PRESIDENT
    By, THE HONOURABLE MR. K. BALAKRISHNAN
    By, MEMBER & THE HONOURABLE PROF. K. MADHURI LATHA
    By, MEMBER

    For the Appellant: M/s. Jose Davis, S. Reghukumar, Advocates. For the Respondents: None.



Judgment Text

P.K. Shamsuddin, President:

1. This appeal is directed against the order passed by the District Forum, Thrissur, in O.P. No. 1087 of 1995. The first opposite party is the appellant.

2. The only contention taken by the learned Counsel for the appellant is that he is only a dealer. The District Forum found that there is manufacturing defect. Learned Counsel submitted that, therefore, the manufacturer alone is liable to replace the defective call monitor.

3. Though we issued notice to the respondent there is no appearance. Learned Counsel pointed out that in the instant case the warranty was issued only by the manufacturer and admittedly the service contract was taken only by the manufacturer, and in the circumstances the District Forum went wrong in fastening the liability on the appellant. We find considerable force in the contention raised by the learned Counsel. The warranty was issued by the manufacturer himself. It was the engineer of the manufacturer who was deputed to rectify the defects. We, therefore, vacate the liability fastened on the appellant the first opposite party. The l

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iability passed on the second opposite party will stand. The order of the District Forum is modified to the above extent.
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