WOBEL NICCO ELECTRONICS LTD Vs. SUBHAS BASU

JUDGEMENT

(1.) Heard learned Counsels for both sides. By the impugned order dated 31st November, 1998 the CDF-I in Case No.973/98 directed the opposite party No.2 to make repayment of a sum of Rs.1,500/- which was collected for providing extra service and the price of the tuner. It was further ordered that the said opposite party would pay Rs.1,500/- as compensation and Rs.500/- as cost to the complainant. This order has been assailed by the appellant on the ground, firstly that it was passed ex parte owing to the absence of learned Counsel for the opposite party. The second point is that the Forum was not justified in directing repayment of service charges inasmuch as the request of the complainant was attended to on various occasions. The learned Counsel for the respondent supports the observations made by the Forum. It is accepted that the complainant purchased the T. V. set from the opposite parties and it developed troubles while the service contract was in force. It is also accepted that the extra charge was realised for providing service, free from any trouble as well as for providing service through extra channels. It is submitted by the learned Counsel for the respondent that the T. V. set is now lying idle and it cannot be put to use now. He submits that the set was purchased way back 1992 and because of irregular service by the present appellant the T. V. set could not be fully utilised. However, having regard to the facts and circumstances of the case we think that it would be just and proper to direct the opposite party to make refund of the sum of Rs.1,500/- to the complainant within a period of one month from this date which we hereby do. The other portion of the order of the Forum regarding the payment of compensation and cost is set aside. With this observation the appeal is disposed of.