ASHOK KUMAR SINGH Vs. GUJARAT CYCLES LTD

JUDGEMENT

(1.) AFTER going through the records of the case with the scanty assistance from the Counsel for the petitioner we have come to the conclusion that this Revision Petition has to be allowed. The State Commission has clearly found that the frame of the bicycle supplied to the complainant was defective inasmuch as it developed cracks in January, 1990 and that it was replaced by the Opposite Party only in July, 1990 soon after the complaint petition was filed before the District Forum. In these circumstances there was no justification for denying to the complainant the relief of compen¬sation for the inconvenience caused to him by reason of his having been deprived of the use of the bicycle for which he had paid the price. The reason stated by the State Commission that the complain¬ant has not adduced any detailed evidence furnish¬ing particulars of the nature of inconvenience caused to him does not appeal us as correct or sound. The forums constituted under the Act have to take a realistic and pragmatic view of matters coming before them and where it is manifest that real inconvenience has been caused to the com¬plainant by reason of the goods supplied to him by the opposite party being defective in material respects, it is the duty of the forum to determine what would be the reasonable compensation pay¬able in respect of such inconvenience. It is not just and fair to insist that the complainant should perform the impossible task of furnishing particu¬lars in regard to the nature of inconvenience suf¬fered by him. In the present case the Complainant has averred that he was deprived of the use of the bicycle for a period of six months. In our opinion, for the inconvenience suffered by the Complain¬ant by reason of his having being deprived of use of the bicycle during the period from January, 1990 to July, 1990, it will be reasonable and fair to fix the compensation at Rs. 1,200/-.

(2.) IN modification of the Order of the State Commission we direct that the Opposite Party shall pay to the complainant a sum of Rs. 1,200/-by way of compensation with 18% interest from the date of institution of the complaint until the date of actual payment. Such amount shall be paid to the complainant by the respondent herein within one month from today. The Revision Petition is allowed as above. Since the Respondent did not appear and contest, there will be no order as to costs.