PRAVEEN SURI Vs. ASHISH WADHERA

JUDGEMENT

(1.) RESPONDENT purchased a currency counting machine for cost of Rs. 8,900 from the appellant. The machine did not work properly. It was sent for repair a number of times but to no effect. There was a warranty for 12 months from the date of instalment. In spite of the manufacturer M/s. A.G. Japan Ltd. having instructed the appellant to refund the cost of the machine to the respondent, appellant did not refund the same. Consequently, respondent filed the instant complaint before the District Forum.

(2.) THE appellant was proceeded ex parte as it did not put appearance inspite of service of notice. While allowing the complaint, the District Forum vide its order dated 15.9.2000 directed the appellant to refund the full amount of Rs. 8,900 along with the interest @ 15% w.e.f. 15.9.1998 and Rs. 500 as cost of proceedings.

(3.) THROUGH this appeal the impugned order has been challenged firstly, that no opportunity was given to the appellant to put up his version and secondly, that the respondent has not produced any documents as to the purchase of machine from it and payment of Rs. 8,900 and thirdly, that the District Forum has erred in not ordering the respondent to return the machine in case refund was to be paid.