Decided on February 20,2006

R.K.Bakshi Appellant
Drivetech Accessories Pvt.Ltd. Respondents


J.D.KAPOOR,J. - (1.) FEELING dissatisfied with the amount of compensation of Rs. 38 with interest @ 18% on account of retention of old Maruti Car Axle parts, the appellant has preferred this appeal. On the other hand, the cross -appeal has been filed by the respondent seeking quashing of the direction that they should stop unfair trade practice.
(2.) PERUSING the impugned order, we find that there is no dispute between the parties as to the retention of old axle parts by the respondent. Despite repeated queries, the respondent was not able to show to the District Forum any resolution or the policy framed by the companys management declaring that the axles should be collected back by the service centre for the purpose of destruction and the respondent claimed that they had displayed a board outside the service centre that the old axles would not be returned.
(3.) BE that as it may the amount of compensation awarded by the District Forum is too meagre. In terms of Section 14 of the Consumer Protection Act, 1986, a consumer is entitled to adequate amount of compensation for mental agony, harassment suffered by him due to the negligence of the O.P. In our view, compensation of Rs. 1,500 which shall include the cost of litigation would meet the ends of justice. The appeal is allowed to the aforesaid extent. As regards the cross appeal, the same is allowed in view of the explanation of the respondent that they had displayed outside their service centre that old axles shall not be returned for being used again by unscrupulous dealers. The appeals are disposed of in aforesaid terms. A copy of this order, as per the statutory requirement be forwarded to the parties, free of charge and also to the concerned District Forum and thereafter the file be consigned to the Record Room. Appeal No. 1492 partly allowed. Appeal No. 2390 allowed. ;

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