BATRA ELECTRONIC STORE Vs. VIJAY PAL

JUDGEMENT

(1.) This appeal has been filed by Batra Electronic Store, Sriganganagar against the order of the District Forum, Sriganganagar dated 2.11.1996 whereby the complaint filed by the respondent Vijay Pal has been decreed and the appellant has been directed to pay to the complainant an amount of Rs.8,400/- deposited by him against the fridge along with interest @ 12% p. a. and litigation costs of Rs.500/-.

(2.) Facts relevant for disposal of this appeal in brief are that the complainant Vijay Pal obtained a membership in the name of his two minor sons of a Sales Promotion Scheme entitled "kelvinator (Fridge) Sales Promotion Scheme" run by the appellant. According to this scheme every member was to pay an amount of Rs.600/- per month on the basis of which a draw was to be held once in every month. This scheme also laid down that as soon as a draw is opened in the name of a particular member, he would be delivered a Kelvinator refrigerator immediately and that he was not required to pay the subsequent instalments and in case if any member remains unsuccessful in the draw after receipt of all the instalments he would be delivered a fridge or would be refunded total amount deposited under the scheme along with interest.

(3.) The complainant approached the District Forum with a grievance that although he has deposited an amount of Rs.8,400/- under the aforesaid scheme between the parties 8.1.1993 to 31.1.1994 and the scheme has come to an end yet the appellant has neither delivered to him the fridge or has refunded the amount as propounded by the appellant. The appellant resisted the claim alleging that the complainant has been delivered a Kelvinator fridge on 1.5.1993 and that this complaint has been filed against him merely to harass him and to cause him unnecessary loss. The District Forum on the basis of evidence tendered before it has decree the claim as stated above and hence the appellant has filed the present appeal to quash the order of the District Forum dated 2.11.1996.