PRITI BASAK Vs. BADAL CHANDRA HALDER

JUDGEMENT

(1.) THIS appeal has arisen out of the judgment passed by the District Forum, Murshidabad on 22.3.2006, in its case No. Con.Prot. -191/2002, wherein the learned Forum below has allowed the complaint on contest without any cost against the OP No. 1 and ex parte against the OP No. 2.

(2.) THE brief facts of the case of the Complainant before the Forum below were that he purchased a refrigerator having its capacity 220 lts. from the OP No. 1 on 4.4.2002. the Complainant chose a refrigerator of the same capacity with two doors along with locking system, but after delivery of the said good it was detected that refrigerator which was chosen by the Complainant was not delivered to him. The Complainant informed the OP No. 1 regarding the matter and asked them to replace a new one but to no effect. Thereafter, finding no other alternative the Complainant filed the complaint before the Forum below praying for direction upon the OP No. 1 to replace the refrigerator by the said refrigerator which was chosen by him and to pay him compensation of Rs. 5,000 and other reliefs as deem fit.

(3.) BEING dissatisfied with the above mentioned judgment the OP No. 1 -Appellant has preferred the present appeal before this Commission contending that the learned Forum below has failed to consider that being a dealer the Appellant -OP No. 1 has no right to provide any new locking system in the refrigerator in question, which the manufacturer can only have. It has been further submitted by the learned Counsel for the Appellant that the Complainant -Respondent No. l's specific case was non -delivery of two doors refrigerator whereas the Complainant failed to satisfy the Forum below that he ordered for two doors refrigerator to the Appellant. As the prayer was made on behalf of the Respondent No. 1 for replacement of refrigerator and not for installation of locking system, the learned Forum has erred in passing the impugned judgment beyond the prayer of the Complainant. According to the Appellant the judgment passed by the learned Forum below is erroneous, unjust, improper and liable to be set aside and prayed for allowing this appeal.