NAVEEN ELECTRONICS vs KANTA KUMARI SUMAN

THIS is an appeal directed against the order of the District Forum, Moradabad dated 5.9.2002 passed in Complaint Case No. 61 of 2001.

SMT. Kanta Kumari Suman came with the allegation that the refrigerator purchased by her from the appellant M/s. Naveen Electronics, Budh Bazar, Station Road, Moradabad went wrong and developed defects which were not repaired when the defects were detected. Hence complaint was filed. After discussing the evidence, the District Forum came to the conclusion that there was some deficiency in service on the part of the appellant and, therefore, directed that the refrigerator should be repaired to the satisfaction of the Forum and then it should be made workable for two years as such with a written extended guarantee, and in the alternative a new refrigerator should be provided. It further directed that interest at the rate of 18% per annum on the price of the refrigerator of Rs. 8,900/- be paid with effect from the date of its purchase, i.e. 12.3.2000 and further a sum of Rs. 500/- be paid as costs.

When the appeal was filed an interim order was issued on 10.10.2002, upon which the repaired refrigerator was asked to be produced before the District Forum.

MR. H.K. Srivastava, assisted by MR. Issar Husain for the appellant and MR. Ashwani Kumar Pandey for the respondent have been heard. On behalf of the appellant photocopy of the application dated 24.1.2003, said to have been filed by Sri Neeraj Gupta on behalf of the appellant before the District Forum, has been filed. He has also filed photocopy of the extended guarantee certificate beginning with 24.1.2003 and now operative till 23.1.2005. Both these photocopies shall form part of the record. It was contended that the compensation allowed is excessive inasmuch as interest at the rate of 18% with effect from the date of purchase till the date of repairing will not be at a sound legal basis. MR. Ashwani Kumar Pandey on the other hand said that there is no error in the said order and the respondent is also entitled to the costs as awarded plus interest. On considering the fact that the refrigerator has been repaired and a fresh guarantee of two years has been extended, the compensation is fixed at Rs. 500/- and the costs remain at Rs. 500/- in the District Forum. Parties will bear their costs in the appeal.

IN view of the aforesaid discussion, the appeal is disposed of with the direction that the appellant will deposit a sum of Rs. 1,000/- within six weeks from today with the District Forum which shall ensure its payment within two weeks of the deposit to the complainant and bring an end to the litigation going on. Let copy of order be made available to the parties as per rules. Appeal disposed of.