GODREJ SOAPS LTD Vs. VIJAY GOVIND SARPOTDAR

JUDGEMENT

(1.) IN this matter the grievance of the petitioner is with regard to award of refund of Rs. 2,26,000/- being price of the defective equipment against the return of the equipment and compensation of Rs. 1 lakh on account of excess expenditure incurred by the complainant, and Rs. 25,000/- on account of mental agony plus costs of Rs. 1,000/- and the award of interest at the rate of 18% p.a. on Rs. 2,26,000/- and interest at the rate of 18% on all the above amounts if the payment has not been made within 30 days. After hearing the Counsel for both sides, we find that no evidence of actual loss suffered by the respondent had been placed on record. The machine supplied which did not give 100% accurate results was in use and it was conceded by the respondent present in the Court that certain amounts were earned through the use of the said machine. It may be that on account of the faults found, certain excessive expenditure was incurred. No detailed evidence was lead to prove the said excess expenditure. As such, that claim cannot be accepted in the manner stated in the complaint. However, we have come across a letter written by the petitioner itself wherein they have agreed to refund the price of the machine, i.e. Rs. 2.26 lakhs inclusive of the sales tax amount, and have further offered to give to the respondent 4000 VMT C1BC tubes which were worth Rs. 99,440/- towards the losses which the respondent may have incurred on account of non-functioning of Ruby Analyzer. After going into the details, we feel that there was no warrant for awarding Rs. 25,000/- for mental agony as the State Commission and the District Forum had no jurisdiction to do. But, we uphold the order for payment of compensation to the extent' of Rs. 1 lakh. We also uphold the order of refund of Rs. 2,26,000/- to the complainant/respondent against the return of the machine and costs. IN the light of what is stated above, we do not find any justification for awarding of interest in the facts and circumstances of this case, particularly when adequate compensation has already been awarded. The award of interest is deleted. The petitioner is directed to refund the aforesaid amount of Rs. 2,26,000/- along with Rs. 1 lakh on account of compensation within a period of eight weeks from the date of receipt of a copy of this order, failing which the entire amount, i.e. Rs. 3,26,000/- shall carry interest at the rate of 12% p.a. from the date of this order till the date of payment. This revision petition is dispose of in terms of what is stated above. IN the circumstances of this case, there will be no order as to costs. Revision Petition disposed of.