PRADEEP KUMAR JETHY Vs. BALMIKI SAHU

JUDGEMENT

(1.) BEING aggrieved by the order dated 15.7.2004 passed by the Gajapati District Forum in C.D. Case No. 21 of 2004 directing the appellant to replace the off -set printing machine and pay to the respondent rupees 30,000 as compensation and rupees 2,000 as cost, he has filed this appeal.

(2.) THE respondent filed the complaint against the appellant alleging unfair trade practice. His case is that, he purchased an off -set printing machine to earn his livelihood by paying rupees 5,50,000. As per the technical specification, it was to print sheets of size 15" x 20" in maximum and 7" x 5" in minimum. After installation of the machine, he found that, it was incapable of printing even 7" x 5" sheets. He accordingly approached the appellant for replacement of the machine. The appellant remained silent. On 30.9.2003, he promised to replace it, but did not do so. The machine was not a new one but a second hand one. As it did not operate he had to sustain loss.

(3.) IN support of the allegation, the respondent filed affidavit as evidence. One Rama Krushna Sahoo also filed affidavit corroborating his version. The appellant did not file any affidavit nor did he examine any witness.