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Judgment
4 paragraphs · 329 wordsTHE complainant instituted a complaint for failure of the dealers in repairing V.C.P. which was purchased on 16.9.87 for a price of Rs. 6,500/- and besides that a sum of Rs.1,500/- was paid as customs duty. THE complaint has been dismissed by the District Forum, Union Territory, Chandigarh on 17.4.96 upholding the plea that it was false and frivolous. Besides this a sum of Rs. 1,000/- has been awarded as costs. Aggrieved against it, the present appeal has been attempted.
DURING the course of proceedings in the District Forum it came to notice that the V.C.P. set was purchased on 16.9.87 and that too not by the present complainants/appellants but it was purchased by some other person. Besides this the V.C.P. sold bore No. KES-400, chassis No. 007 whereas the V.C.P. set which was brought for repair bore No. KES-200 and the chassis was without any number. Thus the identity of the V.C.P. itself was not established. The relevant part of the statement of Shri Kuldeep Singh Bhalla, one of the complainants recorded in the District Forum, Union Territory, Chandigarh, is reproduced as under: "I did not purchase the VCP set from opposite party. I purchased this set from Mr. P. Singh in the year 1988. I verbally do not remember the dates oh which I lodged complaints with opposite party but those are mentioned in the complaint. I cannot give chassis number of the set. It is incorrect to suggest that when I purchased VCP it had been commercially run by the previous owners. It is incorrect to suggest that before giving the set to opposite party for repairs the same had been tinkered with by some unauthorised repairers."
A perusal of this statement shows that the complainants, now appellants never approached the District Forum, Union Territory, Chandigarh with clean hands. There is no merit in this appeal and it is hereby dismissed.
Announced. The order be communicated to the parties free of charges. Appeal dismissed.
