By G. Yadunadhan, President: The case of the complainant is that he purchased a freezer from opposite party on a total sale consideration of Rs.18,000/-. Two days after the purchase, it became defective. On 6.4.2001, complainant informed the opposite party regarding the defects in the freezer. Opposite party says that there was no such serious problems in the freezer and there was only some minor defects and that he was always ready to effect necessary repairs to the freezer. After repeated demands by the complainant, opposite party was not prepared to rectify the defects. Hence complainant is seeking relief against the opposite party either to replace the freezer or to refund the amount of Rs.18,000/- and to pay a compensation of Rs.5000/-. This Forum pronounced an order on 7.10.2002 in the same case. Against this order, opposite party preferred an appeal before the Hon’ble State Commission. As per the order dated 10.3.2008 of the State Commission, an opportunity was given to opposite party to make necessary repair and to bring the freezer into working condition. Repeated chances were given to the opposite party, but they failed to do necessary repairs. Hence this Forum finds that the opposite party is liable to refund an amount of Rs.18,000/- together with a compensation of Rs.500/- and a cost of Rs.250/-. In the result petition is allowed and the opposite party is directed to refund an amount of Rs.18,000/- and also to pay a compensation of Rs.500/- and a cost of Rs.250/- to the complainant. Pronounced in open Court this the 30th day of December 2008. Sd/-President Sd/-Member (Forwarded/By Order) Senior Superintendent. |
