A.N. RAMAKRISHNA vs ANUPAMA ELECTRIC CO.

THIS appeal, by the complainant, is directed against the order dated 1.4.1992, passed by the District Forum, Bangalore Urban District, Bangalore, in Complaint No. 140/90 directing O.P. No. 2 to collect the Mixer Grinder Jar from the complainant and replace it with a new mixer grinder jar free of cost. The facts, briefly stated, are as follows: 1. The complainant purchased a Voltas Veeline Mixie Grinder from O.P. No. 1, a dealer of O.P. No. 2, for a sum of Rs. 1,545/- on 10.6.1989, as per Ex. P-1 a purchase bill and a guarantee card as per Ex. P-2 were issued. The guarantee period was upto 2 years.

THE complainant found the coupling between the motor and the jar got burnt within a short period after its purchase. O.P. No. 1, though replaced it with a new one, it again started emitting smoke and burnt. So the complainant wrote a letter to the opposite party and in pursuance of which O.P. No. 2 replied him, as per Ex. P-3, dated 6.11.1990, stating that they were prepared to replace the mixie grinder jar, but it was not possible for them to refund the sale price paid by him under any circumstances. THE complainant, on the basis of these averments, sought the necessary relief from the opposite parties. THE learned Counsel for the complainant specifically submitted that the price paid by the complainant be refunded to the complainant with interest. O.P. No. 1 the dealer, filed its version that it was only a dealer of O.P. No. 2 and it was for the complainant to approach O.P. No. 2 for redressal of his grievance. O.P. No. 2, did not file any version.

The District Forum, Bangalore Urban District, Bangalore, on hearing the complainant, directed O.P. No. 2 to replace the mixer grinder jar free of cost.

WE have called for the records and received. WE have perused the pleadings of the parties and also heard the learned Counsel for the complainant appellant. It is clear from the material placed on record that the complainant purchased a mixer grinder for a sum of Rs. 1,545/- on 10.6.1989 from O.P. No. 1 a dealer of O.P. No. 2. The guarantee period was for 2 years from 10.6.1989.

IT is also clear from the material placed on record that the mixer grinder began to give trouble and coupling between the motor and the jar got burnt. IT is evident from Ex. P-3, letter of O.P. No. 2 to the complainant, dated 6.11.1990, that O.P. No. 2 was ready to replace the mixer grinder jar and it expressed its inability to refund the sale price paid by the complainant under any circumstances. The mixer grinder began to give trouble twice even though the mixer grinder jar was replaced. So it would have been appropriate to direct the opposite parties to return the price of the mixer grinder paid by the complainant. Instead of that, the District Forum, has directed the opposite party to replace jar free of cost. Having regard to these facts and under the circumstances, referred above, we find only just and proper course is to direct the opposite parties to return the complainant the price paid by him for the purchase of mixer grinder, as per Ex. P-1. ORDER In the result, therefore, this appeal is allowed in part. The order of the District Forum is modified. The respondents, i.e., opposite parties Nos. 1 & 2, jointly and severely, are directed to refund to the complainant, the price of Rs. 1,545/- paid by him with interest at 18% p.a. from 6.11.1990 till the date of its refund to the complainant after obtaining the mixer grinder from the complainant. The opposite parties the respondents shall pay a sum of Rs. 500/- (Rupees five hundred only) towards costs in this appeal to the complainant appellant. The opposite parties shall pay the sums so awarded to the complainant appellant within a period of six weeks from this day. Appeal allowed in part with costs.