GURU NANAK MOTORS Vs. YADVINDER SINGH DHULL

JUDGEMENT

(1.) THIS appeal is directed against the order dated 25.10.2002 passed by District Forum, Hisar in Complaint Case No. 160 of 2002 whereby the complaint filed by the complainant -respondent was accepted against the appellant -opposite party.

(2.) SHORTLY stated, the facts of the case are that in the month of July, 2000 the complainant has deposited Rs. 1,000 as advance with the appellant for installation of Inverter of 500 KV. Thereafter, the inverter was installed at the house of the complainant against the payment of Rs. 6,000 made through cheque. Right from the beginning, the complainant found mal -functioning in the inverter. During the period of 20 months, as many as 57 complaints were lodged with the appellant by the complainant. The appellant had sent an electrician after 2/3 days of the lodging of the complaint and despite replacement of battery, there was no improvement in the functioning of the inverter. When the opposite party failed to rectify the defects in the inverter, he filed the present complaint.

(3.) WHILE refuting the stand of the complainant in the written statement filed by the opposite party, it was stated that the inverter in question was sold for consideration amount of Rs. 7,500, out of which Rs. 6,000 was paid through cheque and balance amount was agreed to be paid later on as the complainant was known to the opposite party. The other allegations regarding 57 complaints made with regard to the mal -functioning of the inverter during the period of 20 months were refuted as pure concocted story put up in order not to make payment of Rs. 1,500 due towards price of the inverter to the opposite party. The District Forum on appraisal of the pleadings and evidence led by the parties found deficiency in service on the part of the appellant and for that reason directed it to pay Rs. 7,000 as price of the inverter along with interest @ 18% per annum from the July, 2000 till its realization, besides Rs. 4,000 as compensation for harassment and mental agony and Rs. 1,100 as litigation expenses to the complainant.