CORPORATE COMMUNICATION SYSTEM Vs. MAHESH CHOUDHARY

JUDGEMENT

(1.) Petitioner herein, which was the opposite party before the District Consumer Disputes Redressal Forum, Bokaro, Jharkhand (for short 'the District Forum') has filed the present revision petition impugning the judgment and order dated 7th April, 2003 passed in Appeal No. 167 of 2003 and the order dated 31st January, 2006 in Appeal No. 310 of 2005 along with an application to condone the delay of 1065 days in filing the revision petition against the order dated 7th April, 2003 in Appeal No. 167 of 2003.

(2.) Briefly stated, the facts of the case are that Shri Mahesh Chaudhary-respondent herein filed Complaint No. 322 of 1998 before the District Forum against M/s. Dynavox Electronics Ltd. at 115 TV Industrial Estate, Worli, Mumbai-400025 also having its branch office at 445, PP Compound, Main Road, Ranchi alleging that a defective Xerox machine had been sold to him. It was further alleged that the opposite party failed and neglected to rectify the said defects in the machine despite repeated reminders and requests and prayed for a direction to pay Rs. 1,57,500 being the cost of the machine, Rs. 50,000 as compensation towards financial losses, Rs. 25,000 towards compensation for mental agony and Rs. 5,000 as cost.

(3.) District Forum vide its order dated 13th June, 2002 allowed the complaint and directed the opposite party to pay Rs 1,04,000 being the cost of machine along with interest at the rate of 12% and to pay a sum of Rs. 25,000 as compensation. The District Forum also held thatM/s. Dynavox Electronics Ltd. haschanged its name to M/s. Corporate Communications Systems i.e. the petitioner herein. M/s. Corporate Communications Systems had not been impleaded as a party-respondent. M/s. Dynavox Electronics Ltd. was proceeded against ex parte as it did not enter appearance inspite of service.