SRI RAM STEEL UDYOG (PVT.) LIMITED vs ASHOK KUMAR JAIN

THIS is an appeal against the judgment and order dated 30.6.2000 passed by District Consumer Forum-I, Agra in Complaint Case No. 230/1992.

THE facts of the case stated in brief are that the opposite party No. 1, M/s. Sri Ram Steel Udyog, Belanganj, Agra is the Agent and Distributor of opposite party No. 2, Sanskrute Comfort System (Pvt.) Limited. THE complainant booked from opposite party No. 1 one Simphony Air Cooler and paid its full price on 2.1.1992. As the cooler was not available on that time, it was agreed that the delivery shall be made after the receipt of the cooler. THE complainant went several times to take the delivery of cooler but the delivery was not given. When the complainant approached the opposite party-appellant for delivery of cooler it demanded some more money while the price of the cooler was fixed for Rs. 4,700/-. On 14.3.1992, the opposite party gave him a delivery of the cooler and when it was checked after opening the box of the cooler it was found that the cooler which was booked bearing No. 2490 was not given to him but one cooler No. 18131 was given to him which was an old one. According to the complainant an old cooler was supplied for which a notice was given to the opposite parties but nothing has been done so far. The opposite party No. 1 appeared before the District Forum and filed a reply alleging therein that he is the authorised dealer of opposite party No. 2. The complainant purchased the said cooler in the off session, hence the discount of Rs. 500/- was given to him out of Rs. 5,200/-, hence Rs. 4,700/- was taken from complainant. It is wrong to say that the delivery of the cooler was refused to the complainant. The complainant himself told him that he will take the delivery of cooler in the summer session. When the complainant came to take the delivery of cooler, the delivery was given to him. It is denied that old cooler was sold to the complainant.

The parties led evidence in support of their respective contentions before the learned District Forum, who after perusing the evidence on record, came to the conclusion that the complainant has suffered great mental torture and harassment and hence a sum of Rs. 2,000/- was allowed as compensation for mental torture to be paid within 45 days failing which the interest @ 18% per annum shall be paid.

AGGRIEVED against this order, the appellant has come in appeal and has challenged the correctness of the order passed by the learned District Consumer Forum. We have heard the learned Counsels for the parties and perused the documents. The learned Counsel for the appellant has argued that it has not been mentioned that the cooler was not working properly. This statement has been mentioned in the judgment. A perusal of the complaint will go to show that the old cooler was given to him. It has nowhere been alleged in that complaint that the cooler was not working satisfactorily. The complainant has not led any evidence to show that the cooler was not working properly. The only allegation of the complainant now remains to be seen is whether an old cooler was supplied to the complainant or not. According to the allegation of the complainant, he purchased the cooler in the year 1992. According to him when he opened the cover, he found that the cooler is an old one. The complainant when he took the delivery of the cooler should not have taken the delivery of the old cooler. He should have refused the delivery of the cooler and should have insisted that a new cooler should be given to him. The opposite party has denied that an old cooler was supplied to the complainant. The complainant has not produced any evidence to show besides his statement that the cooler which was given to him was an old one. There must have been some evidence to show that the cooler was an old one. In absence of any evidence to this effect the learned District Forum should not have decreed the complaint. The cooler was working satisfactorily and the learned District Forum even after eight years of the purchase has ordered that if any defect in the cooler, the same shall be repaired by the opposite party.

THE learned District Forum has allowed Rs. 2,000/- as compensation for mental torture. We find ourselves unable to agree with the view of the learned District Forum unless there was a definite finding that the cooler was not working in satisfactory condition and an old cooler was supplied to him. THE District Forum could not have given decree in favour of the complainant. As seen in the earlier part of the judgment, it has not been proved by any evidence on record that an old cooler was supplied to the complainant by the opposite party-appellant, therefore, the judgment and order of the learned District Forum cannot be confirmed and are liable to be set aside. ORDER THE appeal is allowed. THE judgment and order of the learned District Forum are set aside and complaint is dismissed. THEre will be no order as to cost. Let copy of this order be made available to the parties as per rules. Appeal allowed.