(Per Mr.P.N.Kashalkar, Hon’ble Presiding Judicial Member)
(1) This is an appeal filed by the appellant/original complainant against the judgement and award passed by the District Consumer Disputes Redressal Forum, Alibaug in consumer complaint No.96/2006 decided on 13/12/2006. This appeal is filed against the respondent who had supplied sub-standard show-case to the appellant. Since, the sub-standard show-case was supplied and since it had manufacturing defect, one day the said show-case gave way in the process, the appellant alleged that he had also suffered damage to his T.V. of `14,400/-. He filed consumer complaint alleging the defective show-case suppied by the opponent. The forum below considering the facts partly allowed the complaint and directed the respondent to pay `3,200/- cost of show-case and also directed to pay interest @ 12% p.a. from 09/02/2006 till the realization of the amount and also awarded `1,000/- cost of the proceedings. But not satisfied with the relief granted, the original complainant filed this appeal for claiming enhanced compensation of `93,000/-.
(2) We heard Adv.H.G.Misar appeared as Amicus Curiae for the appellant and Adv.R.D.Joshi for the respondent. The appellant had not produced before the District Forum the bill of repairing charges or replacement charges for the T.V. when he got the T.V. repaired. He simply produced 2 quotations from the T.V. repairers and claimed that he had spent 7,000/- over TV for damage caused due to defective show-case supplied by the respondent. But the forum below was not satisfied with material supplied on record and thereafter the forum below was pleased to refund full amount of show-case and was pleased to dismiss rest of claim of the complainant/appellant.
(3) We are not finding any substance in appeal. The District Forum below found that there was no receipt of payment of repairs of T.V. The quotations or estimates are not equivalent to the actual payment. What is required is payment of moneys to the person who had repaired the T.V. of the appellant. The Forum below rightly turned down the prayer of the appellant so far as the charges of the T.V. repairs are concerned. We are not finding any merit in the appeal. The appeal is devoid of substance. Hence, appeal is liable to be dismissed. We are thankful to Adv.H.G.Misar who appeared for the appellant as Amicus Curiae for helping us to dispose off this appeal. We pass the following order.
ORDER
(1) Appeal stands dismissed.
(2) No order as to costs.
(3) Copies be furnished to the parties.
Pronounced on 28th July, 2011.
