With the consent of counsel for the parties, this revision petition is disposed of at the stage of preliminary hearing. Complainant/respondent had purchased two Air-Conditioners of Hitachi brand from M/s Aditya Vision for Rs.24,000/- each with -2- additional cost of Rs.500/- for installation and Rs.300/- towards transportation. After installation, one Air Conditioner could be made operational and the other failed to operate on account of defective PCB system. Respondent filed the complaint before the District Forum seeking replacement of the defective Air Conditioner and a compensation of Rs.75,000/- for harassment and mental agony. District Forum allowed the complaint and directed the petitioner to replace the Air Conditioner with another defect free Air Conditioner within two months along with costs of Rs.2,000/-. District Forum did not grant any compensation for mental agony and harassment. Petitioner accepted the order of the District Forum and did not file the appeal before the State Commission. Respondent filed the appeal before the State Commission seeking compensation for the harassment and mental agony. State Commission allowed the appeal filed by the respondent and directed the petitioner to pay Rs.25,000/- to the respondent by way of compensation. -3- Revision petition came up for preliminary hearing on 17.09.2010 on which date limited notice regarding the amount of compensation was issued to the respondent. Operation of the impugned order was stayed subject to deposit of Rs.10,000/- before the District Forum within four weeks. In addition to this, petitioner was directed to pay a sum of Rs.6,000/- to the respondent/complainant to enable him to meet the litigation and other allied expenses which was de hors the result of the revision petition. Rs.6,000/- have been paid to the respondent/complainant. The sum of Rs.10,000/- which was directed to be deposited with the District Forum could not be deposited as the District Forum declined to receive the said amount on technical ground. After hearing counsel for the parties, we reduce the amount of compensation from Rs.25,000/- to Rs.15,000/-. Petitioner is directed to pay the said amount of Rs.15,000/- to the respondent within three weeks from today, failing which the petitioner shall have to pay Rs.25,000/- as directed by the State Commission. -4- With the modification indicated above, the revision petition is disposed of. |