KISHORI SHYAM BRIJESH KUMAR Vs. JAGDISH SINGH

JUDGEMENT

(1.) The respondent had purchased crompton mono block 1 HP motor for Rs.4,300/- on 3.9.1992 from appellant No.1. On 1.2.1993 the respondent complained about the burning of the motor where-upon the appellants temporarily delivered another motor to him so that his work of construction might not be hampered. Thereafter also the appellant provided another working motor to the respondent. Finally they replaced the motor with a new one. The Forum held that there was some element of deficiency in service on the part of the appellants and also defect in goods sold by them to the respondent. The Forum, therefore, awarded a compensation of Rs.1,000/- besides costs at Rs.500/- to the respondent.

(2.) Heard the learned Counsel for the parties and perused the material on the record of the Forum.

(3.) It is not disputed that as and when a complaint regarding the non-functioning or burning of the motor was made by the respondent to the appellant, he was provided with another motor and finally the appellants replaced the original motor with a new one. Taking into account the entire fact and circumstances of the case we are of the opinion that a compensation of Rs.500/- with costs at Rs.250/- would meet the ends of justice. We modify the impugned order accordingly and partly allow the appeal with costs on parties.