Decided on March 17,2006

Ramesh Dagar Appellant


J.D.KAPOOR, J - (1.) RESPONDENT placed an order with the appellant for making two dyes against cost of Rs. 4,500 i.e., Rs. 2,500 for one dye and Rs. 2,000 for second dye. Respondent paid an advance of Rs. 3,000 and when he went to collect the dyes the appellant insisted for payment of balance payment. However, the respondent paid Rs. 900 but the second dye was found to be defective. Appellant refused to remove the defect in the second dye and as such he got it repaired from outside.
(2.) VIDE impugned order dated 27.9.2005 the District Forum has directed the appellant to pay a sum of Rs. 2,000 as cost of one day which was charged by the appellant in cash and for which no bill was issued and Rs. 2,000 as compensation and Rs. 1,000 as cost of litigation. Feeling aggrieved the appellant has directed this appeal.
(3.) AT the outset, Counsel for the appellant has taken a plea that he was not given an opportunity to explain his version and falsify the claim of the respondent. Counsel for the appellant has referred to a bill dated 6.10.2004 of Vishal Dyemaking Polish Works showing that the complete dye was polished by M/s. Vishal Dyemaking Polish works by charging Rs. 300 and Rs. 400 for making sample of the dye. The very fact that the respondent got the second dye repaired from other source shows that the second dye was defective. Appellant had received about Rs. 3,900 against the agreed amount of Rs. 4,500. In our view the amount of compensation and cost of litigation awarded by the District Forum for the dye which still is in the possession of the respondent was on the higher side. We partly allow the appeal by awarding a lumpsum compensation of Rs. 2,500 in the given facts and circumstances of the case. The payment shall be made within one month.;

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