VALERIAN RONALD LOBO vs CHANDRASHEKARA ADIGA

THE appellant gave a sofa set to the respondent for Rs. 850/- on 18.12.1989. THE respondent after using the sofa set for some days, found small holes in the wooden portion of the sofa set and powdery substance was coming out. THEn he asked the appellant to refund his amount and as the appellant refused to do so, he filed a complaint before the District Forum for refund of the amount of Rs. 850/- together with interest as 10% p.a. from 18.12.1989 till the date of payment and damages of Rs. 2,000/-. THE respondent had become a member of the Prize Chit Scheme being operated by the appellant. He was not lucky to get the sofa set in the lucky draw and so he paid the full amount and purchased the sofa set

THE complaint was resisted by the appellant by contending inter-alia that he is not guilty of any unfair trade practice; that the sofa set had been prepared by using standard materials; that the complainant was present at the time of preparation of the sofa and after satisfying about the material and the work he took delivery of the same; that the materials used in the preparation of sofa might get spoiled due to rain or sunlight and during transportation and hence, he is not liable to refund the amount. PWs 1 to 3 were examined on behalf of the complainant. RW1 was examined on behalf of the respondent. On the said evidence, the District Forum held that the respondent had supplied inferior quality sofa to the complainant and directed the respondent to refund a sum of Rs. 850/- to the complainant together with interest at 10% p.a. from 18.12.1989 till the date of realisation and to pay Rs. 500/-as compensation. The learned Counsel for the appellant fairly stated that the appellant is willing to refund the cost price of the sofa to the respondent, if the respondent delivers the sofa set to him. The respondent is also agreeable to deliver the sofa set to the appellant.

As the respondent has used the sofa set till today, he is not entitled to interest on the amount. He is also not entitled to any Commission as he has not suffered any loss. Hence, the order of the District Forum awarding compensation and interest cannot be sustained. The District Forum also ought to have directed the respondent to return the sofa set In the result, the appeal is partly allowed and the order of the District Forum awarding compensation and interest is set aside. The appellant is directed to pay Rs. 850/- to the respondent immediately after the respondent returns the sofa set to him. Parties to bear their own costs throughout. Appeal partly allowed.