COINPAR vs AJANTHA FURNITURE MART

THESE appeals are directed against the order passed by the District Forum, Thiruvananthapuram in O.P. No. 101/97. Complainant is the appellant in Appeal No. 150/98 and the opposite party is the appellant in 175/98.

APPEAL No. 175 is filed out of time alongwith a petition to condone the delay. It is stated in the affidavit filed in support of the petition to condone the delay that the order was received on 5.1.1998 and that thereafter from 10.2.1998 onwards he was bed ridden with chronic rheumatic fever. According to the affidavit filed by the appellant in 175/98 he became alright only on 10.2.1998. Taking a lenient view, we condone the delay. Coming to the merits, we find the District Forum has already ordered to refund Rs. 20,000/- and to pay cost of Rs. 500/- within one month. The main grievance of the complainant is no compensation was awarded. Of course in the order it has been stated that if payment is not made within one month the complainant will be entitled to get 12% interest from the date of complaint till the date of payment. The opposite party has not paid the amount and therefore the complainant will be entitled to get interest at the rate of 12% from the date of the complaint. We do not think that any further relief is warranted in the case. We therefore dismiss Appeal 150/98.

Coming to the appeal of opposite party we do not find any merit. Learned Counsel appearing for the opposite party submitted that admittedly one cot was ready but even that was not taken by the complainant. The order was placed for three cots. Admittedly only one cot was ready. There is no evidence to show that opposite party offered to deliver one cot to the complainant. The opposite party issued a cheque for Rs. 20,000/- which was dishonoured for want of sufficient fund. This is evidenced from P2 and P3. In the circumstances we do not find any merit in that contention. It is also stated that by issue of a cheque the matter was settled. However the opposite party has no case that it was honoured. In the circumstances we do not think the issue of a cheque will obliterate original cause of action. In the result, both appeals are dismissed. Both Appeals dismissed.