M. THANIKACHALAM J. - (1.) The opposite party is the appellant.
(2.) Facts leading to this appeal:- The complainant/respondent entrusted her LPG Stove namely MITASO for repair, since there was burner block, on 18.11.2005 and the Serial Number of the Stove is 971 17125. The opposite party instead of delivering the stove given b y the complainant bearing the above number, misdelivered, when the complainant went to take delivery and the Stove was changed, which can be seen from the work order itself, so the complainant refused to receive the Stove. The non-delivery of the original stove given by the complainant, is the negligent act, amounting to deficiency in service. The MITASO Stove is so strong and it is not easily available in the market, which cost Rs.3,000/-. Despite letter, demand the original stove entrusted, was not returned and therefore, the complainant is entitled to a direction against the opposite party to give back MITASO Stove or pay a sum of Rs.3,000/-, in addition to, sum of Rs.10,000/- towards mental agony. Hence, the complaint.
(3.) The opposite party admitting that the complainant had entrusted a Gas Stove for service on 18.11.2005, resisted the case, contending that on the same day, servicing the gas stove, availability was informed, but the complainant has not come and taken delivery, therefore, without any other way, when the local delivery was given, it was refused, as such, the opposite party has not committed any deficiency and the gas stove belongs to the complainant bearing Serial No.97117125 is available with the opposite party and willing to deliver the same. This being the position, there is no deficiency of any kind, warranting any direction by the Consumer Forum, praying for the dismissal of the complaint.;