NCDRC

NCDRC

RP/2039/2018

HARSH DAVE - Complainant(s)

Versus

HEAD, ORIENT ELECTRIC & ORS. - Opp.Party(s)

MR. SURENDRA KUMAR

30 Aug 2019

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2039 OF 2018
 
(Against the Order dated 30/04/2018 in Appeal No. 32/2018 of the State Commission Rajasthan)
1. HARSH DAVE
S/O. GHEESU LAL, R/O. VILLAGE BARWAN POST GHANA, TEHSIL AHORE,
DISTRICT-JALORE-307029
RAJASTHAN
...........Petitioner(s)
Versus 
1. HEAD, ORIENT ELECTRIC & ORS.
82, IST FLOOR, OKHLA INSUSTRIAL AREA,
NEW DELHI
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V.K. JAIN,PRESIDING MEMBER

For the Petitioner :
Mr. Surendra Kumar, Advocate
For the Respondent :

Dated : 30 Aug 2019
ORDER

The petitioner/complainant purchased a fan from Respondent No.2 for a price of Rs.1,980/-.  Alleging defect in the fan purchased by him and the repair having not been carried out despite the complaint lodged by him, the petitioner/complainant has approached the concerned District Forum by way of a consumer complaint.  The complaint was resisted by respondent No.2 on the ground that the fan was never brought to them for repair. 

(2)     The District Forum directed the respondents to replace the fan and also awarded compensation quantified at Rs.1,000/-. 

(3)     Being aggrieved from the order passed by the District Forum, the petitioner approached the concerned State Commission by way of a Consumer Complaint seeking enhancement of the compensation.  The said appeal having been dismissed the petitioner is before this Commission.

(4)     The contention of the learned counsel for the petitioner is that the compensation awarded to the petitioner/complainant is grossly inadequate and no cost of litigation has been awarded to him.  Considering all the facts and circumstances of the case, including the plea taken by the respondents, the concurrent order passed by the fora do not call for any interference by this Commission, in exercise of its revisional jurisdiction under Section 21(b) of the Consumer Protection Act.  This is more so considering the cost of the product which was less than Rs.2,000/-.  The revision petition being devoid of any merit is hereby dismissed.

 
......................J
V.K. JAIN
PRESIDING MEMBER

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