Hon’ble Mr. Ajeya Matilal, Presiding Member

Ld. Counsel appearing for the Appellant is present.

None appears on behalf of the Respondent.

Being aggrieved by and dissatisfied with order dated 08.05.2019 passed by DCDRC, Baruipur in CC/97/2018 allowing the case on contest, the Appellant/Opposite Party preferred this Appeal.

It appears from the impugned Order Opposite Parties were directed to deliver the old freeze as selected by the Complainant, to him, after taking back the former freeze from him, within a month of that order and in that case the Complainant will have to pay an additional amount of cost equal to the price difference if any, for purchase of a new freeze of his choice.

It was further direction from the Ld. Forum below that the Complainant must return the former freeze to Opposite Party No.1 when the new freeze of his choice would be delivered to him by O.P No.1.

If O.P No.1 fails to deliver the said new freeze of the Complainant’s choice to him within aforesaid period, then the O.Ps would have to return the entire consideration price of twenty six thousand to the Complainant with interest @8% p.a. from the date of receipt i.e. 19.01.2017 till realization thereof.

Opposite Parties were directed to pay Rs.10,000/- as compensation for harassment and mental agony caused to the Complainant by them within a month of the order failing which compensation amount and the cost amount will bear interest at the rate of 10% p.a. till full realization thereof.

Heard the Ld. Counsel for the Complainant.

It has not been disputed by the Appellant that consideration money of the delivered freeze has been paid in respect of 250 Litre Refrigerator.  Complainant used them but afterwards he intimated to the Appellant that instead of Refrigerator of 250 Litre he is interested to get 340 Litre freeze.

It appears from the affidavit in chief as well the complaint that the Complainant shall pay Rs.8000/- more for getting the freeze of his choice.  But he did not make any payment subsequently.

Considering the factual scenario of the case along with position of law we are of the view as the Complainant did not pay additional amount of Rs.8000/- so he is not entitled to get any larger freeze of capacity of 340 Litre in exchange.

So in view of the above observation we find that the impugned order cannot be sustained.

Hence,

It is

O R D E R E D

The Appeal is allowed.

The impugned order/Judgment on 08.05.2019 is hereby set aside.

Thus, the Appeal stands disposed of.

Order of stay, if there is any, stands vacated.

Let a copy of this Judgment/Order be sent to the DCDRC, Baruipur.

Note accordingly.