Decided on April 16,2004

LALAN RAI Respondents


- (1.) O .P. is the appellant who has preferred the appeal against the order dated 17th September, 2002 passed by District Forum, Khagaria in Complaint Case No. 03/2002.
(2.) THE brief fact of the case is that complainant has deposited his black and white Onida T.V. with the O.P. -appellant on 16.6.2001 for repair and has also paid him in advance Rs. 1,000/ - for purchase of tube and other parts but the O.P. has not granted any receipt for the same to the complainant. The O.P. has told him that T.V. shall be repaired within a month. The complainant approached the O.P. several times but the O.P. was evaded in returning the T.V. On several requests and the intervention of the local persons the O.P. gave him a Receipt No. 982 dated 9.8.2001 stating therein that the T.V. has been sent to the authorized service centre of Onida at Exhibition Road, Patna. The receipt is mentioned that Rs. 1,000/ - has been deposited in advance for the repair of the T.V. On 24.12.2001 the complainant received a message from the O.P. that his T.V. after repair has been received from Patna. The complainant went to the shop of the O.P. who asked him that repair charge has come to Rs. 1,775/ - and asked the complainant to pay Rs. 775/ - before giving delivery of the T.V. The complainant paid the amount of Rs. 775/ - and asked for cash memo but the O.P. refused to issue any cash memo. The O.P. also asked the complainant that he should return him the receipt which was earlier granted to him mentioning that O.P. has received Rs. 1,000/ - as repair charge and T.V. has been sent to Patna for repair. The complainant found some foul game as O.P. did not return the said receipt and returned back his home. He was not given his T.V. by the O.P. Thereafter, he filed a complaint before the District Forum.
(3.) THE O.P. appeared and its main contention was that complainant was not ready to pay Rs. 775/ - of the T.V. repair charge and he was forcing the O.P. that Rs. 1,000/ - was sufficient for the repair of the T.V. Since this amount was not paid by the complainant, therefore, the O.P. did not hand over the T.V. The O.P. is still ready to hand over the said T.V. if the balance amount of Rs. 775/ - as repair charge is paid to him. After hearing the parties the District Forum held that the plea taken by the O.P. is not acceptable. The complainant has paid Rs. 775/ -, the balance amount of repair charge but it was the O.P. who did not grant cash memo for the same. The District Forum also accepted the contention of the complainant that O.P. forced him to return back the cash memo of the payment of Rs. 1,000/ - and then only he was ready to give him T.V. This conduct of the O.P. was held to be deficient in his service. The District Forum on the petition of the complainant dated 23.7.2002 has inspected his T.V. which was repaired by the O.P. and it was found that it was still defective but still he was ready to accept the T.V. After considering all these facts the District Forum held that O.P. is entitled to pay a compensation of Rs. 5,000/ - to the complainant after deducting Rs. 775/ - as repair charge. The O.P. has brought the T.V. before the District Forum and it was ordered that complainant shall take back the T.V. and O.P. was directed to pay Rs. 4,225/ - to the complainant. We have heard the parties and perused the impugned order and also looked into the photo copies of receipt produced on behalf of the appellant. Most of the facts in the case are admitted. In view of the facts as detailed in the impugned order we are of the view that amount of compensation awarded to the complainant to the tune of Rs. 5,000/ - is excessive. Considering the facts of the case we reduce this amount to Rs. 2,000/ - and direct the appellant -O.P. to pay Rs. 2,000/ - after deducting Rs. 775/ - (net Rs. 1,225/ -) from it being the repair charge to the complainant within two months from the date of this order. There shall be no order as to cost. With this modification in the impugned order the appeal is disposed of.;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.