GOLDTECH SCALES And SYSTEMS PVT. LTD. vs GURMUKH SINGH

PETITIONER was the opposite party before the District Forum where complainant Gurmukh Singh had filed a complaint alleging deficiency in services on the part of the petitioner.

BRIEFLY the facts of the case are that the complainant had purchased ''Electronic Conversion Kit'' for Rs. 1 lakh from the petitioner with warranty clause, alongwith an assurance to undertake repairs in quick time on receiving any complaint. This kit allegdly was not functioning properly from the date of purchase. Since series of complaints made to the petitioner did not yield any result, a complaint came to be filed before the District Forum, who after hearing the parties passed order on 8.12.2000. Operative part of the order reads as follows : "Accordingly, we accept the complaint with costs of Rs. 1,000/- and direct the opposite party to set the electronic conversion kit right and also to pay interest @ 15% p.a. on principal amount of Rs. One lakh from 1.10.1999 till the kit is got right. If the opposite party fails to set right the kit, then opposite party shall be liable to pay Rs. one lakh with interest @ 15% p.a. from the date of purchase till the date of payment within 30 days from the date of communcation of orders; faling which action under Section 27 of the Consumer Protection Act will be taken against the opposite parties."

An execution application under Section 27 of CDF was filed before the District Forum in 2001, who after hearing the parties passed an interim order, dated 7.8.2001 operative part of which reads as follows : "After hearing the complaint/D.H. and the complainant in person and learned Counsel for the opposite party, we order that the opposite party is directed to set right the conversion kit in the presence of Local Commissioner. Accordingly, Sh. Rajinder Joshi, Advocate is appointed as Local Commissioner. He shall remain present at the place and ensure that the opposite party sets right the electronic conversion kit without any obstruction by the complainant. The Local Commissioner shall issue notice to the opposite party fixing time and place where the electronic conversion kit is to be set right. His fee is fixed at Rs. 1,000/- which shall be shared equally by the parties. Reports be submitted on 6.9.2001."

We see two documents on record - Report of the Local Commissioner and Revision Petition against the order before the State Commission by the Decree Holder/complainant against order dated 7.8.2001. The State Commission after hearing the Decree Holder allowed the Revision Petition and directed the District Forum to execute the original order. It is against this order that this Revision Petition has been filed.

WE heard the parties and perused the material on record. Original order was categorical that repair had to be carried out within 30 days, failing which full cost with interest was to be returned. Ground reality is that repairs were not carried out within 30 stipulated days. In execution the Executing Court cannot go behind the decree, hence by now, time to carry out repairs is passed. WE are unable to accept the plea of the petitioner that several attempts were made to carry out the repairs but were denied the opportunity. There is no material on record to substantiate and more so if this was the case the petitioner should have moved the District Court immediately after expiry of stipulated 30 days either to extend the time to carry out the repairs or praying for any modification. No such action by the petitioner has resulted in giving finality to the order of the District Forum, i.e., now there is no go but to execute the alternative indicated in the order of District Forum dated 8.12.2000. The order passed by the State Commission is as per law and does not call for any interference. It is devoid of merits - hence dismissed with costs which we fix at Rs. 2,000/-. Revision Petition dismissed.