MADRAS AUTO SERVICE HUBLI Vs. VISHAL AUTOMOBILES

JUDGEMENT

(1.) This appeal is directed against the order dated 27.9.1990 passed by the District Forum, Belgaum in Complaint No.9/1990 on its file.

(2.) It arises in this way : -Respondent No.1 purchased ABC Bearing No.580/572 on 9.2.1987 from the Appellant for Rs.254.25. He also purchased other automobile spare parts on that day. All of them were packed and delivered to him on the assurance that the said Bearing is in perfect condition. After taking them to Belgaum and opening the package, Respondent No.1 found that the said Bearing had a crack in the 'jail'. As the Appellant refused to replace the said Bearing, he filed a complaint before the District Forum for refund of the cost price of the said Bearing and damages of Rs.3,000/-.

(3.) The complaint was resisted by the appellant by contending inter-alia that the said Bearing has been used by the complainant for 14 months before asking for replacement; that he had supplied a defect free Ball Bearing to the complainant and that the complainant has not suffered damages of Rs.3,000/-.