HOMAI J SHROFF Vs. EASTERN ENGINEERS

JUDGEMENT

(1.) This appeal is directed against the order of District Forum, Bombay dated 6.9.1991 passed in Complaint No.382/90. The appellant Miss Homai J. Shroff had complained to the District Forum, Bombay alleging that the respondent offered his services to repair the lift in the building of the appellant. The respondent quoted Rs.8000/- for the repairing work and accepted the advance of Rs.5,000/- by cheque but despite repeated requests he did not carry out the work of repairs. The complainant, therefore, claimed back the advance of Rs.5,000/- with interest at the rate of 18% p. a. and also an amount of Rs.2,000/-towards the compensation for the inconvenience suffered due to the negligence of respondent. The respondent did not respond to the notice of District Forum, Bombay and ex-parte order came to be passed directing the refund of the advance with interest and Rs.500/- towards compensation.

(2.) In this appeal, a grievance is made that the full amount of Rs.2,000/- should have been granted to the appellant According to the appellants, the old and weak residents had to suffer great hardship due to the negligence of the opposite party. We find that the District Forum rejected the full amount of compensation on the ground that the inconvenience and the mental tension suffered by the Appellants could not be evaluated in terms of money. Therefore, the District Forum granted a token compensation of Rs.500/-.

(3.) After hearing Mr. Jahangir Gai for the appellants, we find no reason to interfere with the order of the District Forum which granted the compensation of Rs.500/-. We do not find any material to enhance the amount of compensation. Hence, we pass the following order : -ORDER