TANEJA ENTERPRISES vs BHANU RAM

THIS is an appeal against the judgment and order dated 2.5.2003 passed by the District Forum, Haridwar wherein the learned Forum has directed the opposite party to return the price of the Fridge to the complainant along with interest @ 10% and to pay a compensation of Rs. 3,000/- (Rupess three thousand only) and cost of Rs. 1,000/- (Rupees one thousand only).

THE brief facts of the case are that the complainant had purchased a Fridge for Rs. 7,700/- (Rupees seven thousand seven hundred only) from the opposite party. O.P. No. 1 is the dealer while O.P. No. 2 is the manufacturer. THE third day, after purchases, wire of the Fridge was burnt and the mechanic of the opposite party No. 1 came and repaired it saying that the manufacturer has used light wires. THE opposite party had assured him that if the Fridge shall not work properly it shall be replaced. Due to the defect in the Fridge the complainant could not give the Fridge to his daughter in her marriage for which he had felt insulted. On 3.5.2001 the Fridge stopped working all of a sudden. Several complaints were lodged but the dealer did not hear. He was asked to replace it but nobody came to inspect the Fridge. On 25.5.2001 the dealer misbehaved with the complainant and asked him to make a complaint to the manufacturer. THE complainant sent a notice to the opposite party No. 2 but it was not replied. THE Fridge is still not working. It appears that the dealer did not file any written statement, only the opposite party No. 2, the manufacturer has filed the written statement and has alleged that electric supply to the house of the complainant was not proper and the complainant did not use stabilizer. According to the warranty if there is any defect it could be repaired. THEre was no question of replacement or payment of price. After taking the evidence of the parties and hearing them, the learned Forum found the case of the complainant as correct and allowed the relief as above against which order the present appeal has been filed. We have heard the learned Counsel for the parties and gone through the records. It is admitted by the opposite party that only the third day after purchase the electric wire of the Fridge has melted. The plea that electric supply was not in proper condition has been exerted by the electricity department. The plea as taken by the opposite party could not have been in the personal knowledge of the opposite party No.2 because it is a manufacturer sitting at Mumbai.

The plea was raised that the complainant did not use the stabilizer. No paper has been filed to show that there was any instruction to the complainant to use the stabilizer. Ordinarily nobody uses the stabilizer in Fridge nowadays and every dealer says that stabilizer is in-built.

WE did not find anything to interfere in the judgment of the learned Forum, which is on merits. The interest has already been awarded. There is no question of compensation of Rs. 3,000/- (Rupees three thousand only). If the complainant wanted he could have got another Fridge. There is nothing in record to show that the complainant has been insulted for not giving the Fridge to his daughter in marriage. It is settled principle of law that where interest has been given, compensation is not necessary and should not be granted. WE are supported by the rulings reported in III (2002) CPJ 124 (NC)=2003 (2) CPC 1 (NC), Satelec Power Electronics Pvt. Ltd. v. National Research Development Corporation of India, II (2000) CPJ 1 (SC)=IV (2000) SLT 654, Ghaziabad Development Authority v. Union of India, IV (2003) CPJ 90=2003 (6) CLD (SCDRC-Del.), Rajpal Mahana v. National Insurance Co. The order of compensation is therefore set aside. The appeal is dismissed with partial modification that the order of compensation of Rs. 3,000/- (Rupees three thousand only) is quashed. The rest part of the order passed by the learned Forum shall remain intact. Cost of the appeal shall be easy. Appeal dismissed.