LAHORE OPTICALS Vs. S K TULSI

JUDGEMENT

(1.) THIS is an appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter called the Act ) against the judgment and order dated 20.5.2002 passed by District Consumer Forum -I, Lucknow in Complaint Case No. 31 of 1999, S.K. Tulsi v. M/s. Lahore Opticals, partly allowing the complaint.

(2.) BEFORE the District Forum, a complaint was filed by the respondent that the appellant was required to prepare spectacles on the prescription given by Dr. Suresh Hansraj and what was required was 1450 angle but instead of lens which was prepared was 1520 angle on the left side and 530 angle on right side instead of 450. The complainant sought compensation for mental tension and physical injury. The appellant, on the other hand, by way of objections submitted that there was no deficiency in the service and in fact the total cost of the lenses which was to be paid was Rs. 3,700/ - out of which only Rs. 1,000/ - was paid and the remaining Rs. 2,700/ - was not paid. Besides that there was business rivalry between the appellant and Dr. Suresh Hansraj and as such the report to that effect submitted by Dr. Hansraj is to malign the reputation of the appellant and the same is not correct. The learned District Forum on perusal of record available came to the conclusion that the complaint in part of the respondent had substance and it concluded that contrary to the prescription, the appellant provided the opticals and as such there was deficiency in service and passed the impugned judgment and order.

(3.) AGGRIEVED of the judgment and order, opposite party in the complaint has filed this appeal. Mr. Tayyeb Ali Khan, learned Counsel for the appellant has been heard. Mr. Deepankar Bhatt, learned Counsel for respondent/complainant has been heard. As per the requests made, the complainant and also the opposite party/appellant were heard in person also, apart from their Counsel. The entire record has been perused.