MOHINI GUPTA Vs. WHITE LINE APPLIANCES

JUDGEMENT

(1.) Dissatisfied with the amount of compensation to the tune of Rs.2,000/- awarded vide impugned order dated 6.5.1996 passed by the District Forum on account of mental agony and harassment suffered by the appellant on having been sold defective washing machine, the appellant has preferred this appeal.

(2.) Admittedly the first machine purchased by the appellant from the respondent in the year 1991 was replaced in May, 1992 as it did not function properly. The second machine also did not work to the satisfaction of the appellant as it used to take inordinately long time to wash and dry clothes. The prayer of the appellant for replacement of the machine or refund of its cost was declined on the ground that the machine had been in use for about two years.

(3.) Merely because a person uses an article, which is of sub-standard for certain period, grudgingly does not mean that consumer is not entitled to seek adequate compensation from the trader. No trader can be permitted to sell a sub-standard article as low for protecting the interest of consumer has been brought on the statute book with an object to maintain the highest quality of the goods manufactured and sold by the traders. Unless and until the article meets the requisite standard and provides the satisfactory result the said article is deemed to be sub-standard.