M.V.N.MOHAN Vs. M.SURYABHASKARAM

JUDGEMENT

(1.) THIS petition is filed by the opposite party No. 2 in C.D. No. 99/1997 on the file of the District Forum, East Godavari, Kakinada who suffered an order to replace the old Cannon Copier Machine by a new one and also to pay a sum of Rs. 10,000/ - as general damages for the loss suffered by the complainant and also to pay costs of Rs. 2,000/ -. This order dated 8.7.1999 was challenged in F.A. No. 408/1999 which was dismissed on 29.4.2003 confirming the order of the District Forum in all respects.

(2.) HOWEVER as the order of the District Forum is not complied by the petitioner the respondent/complainant filed P.P. No. 14/1999 and the warrants were issued.

(3.) THE question or the dispute between the parties is, since the petitioner failed to comply with the order passed by the District Forum as confirmed by the State Commission in time he should be debarred from complying with the first part of the order, namely production or supply of new machine or whether the complainant is entitled to insist on the alternate prayer of payment of money. The complainant can ask only rectification of defects in the goods, but the Forum can grant monetary compensation if the defects cannot be rectified, but the complainant cannot ask refund of money only.