The consumer dispute in this case relates to a refrigerator which the complainant-respondent had purchased from the petitioner at a price of Rs.31,500/-.  The complainant had awarded Annual Maintenance Contract (AMC) to the petitioner.  It was alleged that the mechanic who went to attend a certain complaint had upset the alignment of the door of the refrigerator.  Although the allegations were denied by the opposite party-supplier but the District Consumer Forum on a consideration of the matter, allowed the complaint and directed to refund the price of the refrigerator i.e. Rs.31,500/- with interest @9% per annum from the date of filing of the complaint till its actual realization besides compensation of Rs.5,000/-.  In the appeal, the State Commission confirmed the said finding and order.  Aggrieved by the concurrent findings and order, the supplier of the refrigerator has filed the present revision petition.   Notice was issued to the respondent-complainant limited on the question if in the given facts and circumstances of the case, the relief granted by the fora below should be modulated so as to make it reasonable to both sides.

We have heard Mr. Anuj Chauhan, learned counsel for the petitioner and Mr. Ashish Sharma, the respondent in person and have considered their respective submissions.  It is stated that no defect/deficiency was reported in the refrigerator during the period of warranty. After the expiry of warranty period and during the period of AMC, some deficiency was alleged on the part of the Supplier in causing damage to the refrigerator.  The damage related to the alignment of the door.  The petitioner had offered to replace the door of the refrigerator but the fora below have directed the supplier to refund the price of the refrigerator and also awarded compensation.  In the above noted circumstances, the order of refund of the entire price with interest and that too, without any order in regard to the return of the refrigerator by the complainant, appears to be on higher side.  The consistent view of this Commission, which has been approved by the Supreme Court, is that keeping in view the nature of defect and deficiency, the relief granted to the complainant should be commensurate to the extent of defect/deficiency in service.  In our view, it would adequately meet the ends of justice if the order passed by the fora below is modified to the extent that the petitioner shall replace the door of the refrigerator in question and carry out the necessary repairs which are required so as to make the refrigerator fully functional in all respects within a period of two weeks and the complainant is also paid a compensation of Rs.5,000/- for the inconvenience, mental harassment suffered by the complainant due to deficiency in service on the part of the petitioner.  The petitioner has deposited a sum of Rs.5,000/- in the concerned District Consumer Forum, Gurgaon pursuant to the order of this Commission.  We direct the concerned District Consumer Forum to disburse the said amount to the respondent-complainant forthwith.  The complainant has already been paid a sum of Rs.3,000/- towards cost of proceeding in the present case.

The revision petition stands disposed of with the above observations.

Dasti to both the sides.