ISHWAR DAS Vs. VINAY KUMAR GUPTA

JUDGEMENT

(1.) The facts leading to the present revision petition are that on 3rd April, 1989, the complainant (who is petitioner before us) got prepared dentures for himself from the respondent Dr. Vinay Kumar Gupta and paid Rs. 800/- to the latter. The claimant's wife also got prepared dentures from the respondent for Rs. 800/. Both these sets of dentures did not fit properly to the respective recipients and they were painful and the mouths of the claimant and his wife got injured. The claimant thereupon filed a claim petition before the District Forum, Lucknow claiming refund of Rs. 1,600/-.

(2.) The respondent contested the claim petition. According to him the dentures were not defective. It was further pleaded that the claimant was a Government pensioner and had got reimbursement of Rs. 1600/- from the Government and therefore he was not entitled to receive anything from him (i.e. the respondent).

(3.) In his replication the claimant did not deny the fact that he had received Rs. 1,600/- as reimbursement from the State Government.