No. 5/20.05.2010.

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Appellant through Mr. Sandeep Kumar Dubey, authorized representative and Respondent in person are present.  Appellant files letter of authority.  Both sides file BNA.  Appellant is represented by authorized representative and files Written submission of the Appellant through the said authorized representative.  The Respondent appears in person and files her Brief Notes of Argument.  We have perused the impugned order as also the papers available with the memo of appeal.  The Forum has taken into consideration the fact that the Complainant has substantiated her claim filing an Affidavit in support of the statements made in the complaint.  The Complainant also filed documents regarding purchase of the article in question.  Forum has also taken notice of the fact that O.P. though filed reply but neither the same is supported by any Affidavit nor any independent document has been produced in support of the contention of the O.P.  In the circumstance finding of the Forum appears to be correct and we do not find any reason to interfere with the same.  Documents filed by the Appellant in the present appeal today contained the contention of the Appellant regarding the order impugned herein.  As regard award of cost of Rs.1,000/- the contention of the Appellant is considered and as we do not find any substance no interference is found required.  In respect of the direction to refund of the purchase money the contention of the Appellant is considered but in absence of any material in support of such contention either in the Forum on Affidavit or on original document the said contention on merit cannot be accepted.  As regards award of compensation we find the compensation awarded is higher than the reasonable compensation over and above the direction for payment of refund of Rs.4,895/-.  In the circumstance the compensation directed by the Forum below is reduced to Rs.3,000/- and the impugned order stands modified to the aforesaid extent.  Only reducing the compensation amount rest of the direction of the Forum stands.  Appeal is allowed to the aforesaid extent.