SAJAWANT FURNITURE HOUSE Vs. JAGDISH CHAWLA

JUDGEMENT

(1.) This appeal is directed against the order of the District Forum, Rohtak whereby the marginal relief of a part refund of Rs.425/- and costs of Rs.100/- have been accorded to be paid to the respondent.

(2.) The complainant-respondent Jagdish Chawla had alleged in his complaint that on the 2nd of November, 1991 he had first purchased a table for Rs.925/- only from the appellants and later on the 4th of November, 1991, he has purchased one sofa set for Rs.6,500/- from the appellants concern. After merely 1 1/2 month and more the said Sofa set broke down and the mattress thereof also wore out. The respondent persistently complained to the appellant, who after considerable reluctance came to his house in the first week of January, 1992 and took the Sofa set away. However, when he later approached the appellants for the refund of the price, he was only given Rs.6,075/-. Consequently, he claimed the balance amount of Rs.425/- with compensation to the tune of Rs.100/- only.

(3.) On notice being issued, the appellants took up the somewhat specious plea of the total denial of any transaction. It was alleged that in fact no sale whatsoever had taken place either on the 2nd of November, 1991 or on the 4th of November, 1991. The focus of the reply was that the complainant had failed to produce any bill or cash memo for the transaction and consequently, the allegations in the complaint were not only unsubstantiated but false and concocted. A counter plea was taken that the father of the complainant Shri Charanjit Chawla had sought some advertisement for his weekly newspaper from the appellants and on their refusal to comply therewith, the present complaint was mischievously lodged against them.