- (1.) THIS appeal is directed against the order dated 28.1.2010 passed by the District Forum, Haridwar, allowing the consumer complaint No. 53 of 2009 and directing the opposite party - appellant to pay to the complainant sum of Rs. 10,000 within a period of one month from the date of the order.
(2.) THE facts of the case, inbrief, are that the complainant Sh. Om Pal Singh purchased a kitchen chimney in the month of July, 2007 for sum of Rs. 9,000 from the opposite party - M/s. Jindal Brothers. The chimney carried a warranty of one year. According to the complainant, the said chimney caught fire just after six months from the date of its purchase. Since the chimney got burnt during the warranty period, the complainant immediately informed the opposite party. The opposite party asked the complainant to bring the chimney to the shop along with the purchase voucher. The complainant has alleged that the opposite party kept the chimney along with the purchase voucher with the assurance that the company's engineer would checkit. However, the opposite party instead of repairing the chimney, refused to return the chimney. A legal notice was also sent to the opposite party, but to no avail. This led the complainant to file a consumer complaint before the District Forum, Haridwar. The District Forum vide its order dated 28.1.2010, allowed the consumer complaint in the above terms. Aggrievedby the said order, the opposite party has filed this appeal.
(3.) WE have heard the learned Counsel for the parties and perused the material placed on record in the light of the legal aspects of the case. The delay in filing the appeal is hereby condoned and the appeal is admitted for decision on merit. The main contention of the appellant is that it has not sold any chimney to the complainant -respondent. The photocopy of the purchase voucher producedby the complainant is neither a cash memo, nor a bill. The appellant submitted the photocopy of ablank cash/ credit memo, indicating that the copy produced by the complainant is quite different from it. The learned Counsel for the complainant reiterated the submissions madebefore the District Forum and as stated in the consumer complaint.;