RABINARAYAN MOHANTY Vs. PROPRIETOR OLYMPIC SPORTS CUTTACK

JUDGEMENT

(1.) Is Headmaster of High School whose grievance is that on 25.2.92 he purchased one volley ball and one foot ball from the opposite party for the school. After 7 days of the use only the volley ball burst out. personally approached the owner of the opposite party several times and opposite party kept the old one giving assurance to give a new ball after a few years. But the ball was not given as assured. Accordingly, this complaint has been filed.

(2.) Opposite party on receipt of the copy of the complaint stated that the usual practice is to grant a receipt to the customers against any material they receive from the customers for repair or replacement. No such receipt has been produced by complainant. On enquiry, opposite party came to know that complainant is a habitual litigant who has been involved in number of cases in life and in the instant case falsely and mischievously made the claim against opposite party with a view either to succeed in the attempt as such by chance or black-mail opposite party.

(3.) At the time of hearing opposite party present through Mr. S. Ghose has assured us that instead of replacing a new ball, such a ball shall be handed over in the school itself or shall be sent by registered parcel. We are satisfied that on account of misgivings against conduct of the complainant, the ball was not replaced lest it might be misappropriated. However, fairness of the opposite party for benefit of the students is acknowledged. We direct within two weeks from today a new volley ball shall be sent in the address of the Headmaster of the school by registered parcel or courier service as the case may be free of charge by opposite party failing which an amount of Rs.2000 /- shall be paid as compensation to the Headmaster of the School in which capacity this complaint has been filed.