G S PRINTOGRAPHIC MACHINERY COMPANY Vs. ARUN SHARMA

JUDGEMENT

(1.) This is appeal under Sec.15 of the Consumer Protection Act (hereinafter called the 'act') against the judgment and order dated 7.5.2002 passed by District Forum, Bulandshahr in Complaint Case No.55 of 2002. Also there is another appeal bearing No.1561/2002 against the impugned order where enhancement in the award has been prayed.

(2.) Initially a complaint was preferred alleging that the complainant placed an order for an offset printing machine vide order dated 27.3.2001 on the opposite party and that the machine was to be displayed by G S Printing Graphic Machinery, Faridabad in the office of the complainant situated in Bulandshahr. The said machine was booked for installation and demonstration in Bulandshahr and the complainant paid a sum of Rs.1,72,500/-. It was agreed between the parties through written agreement dated 27.3.2001 that in case the machine is not installed by 25.4.2001, the deposited money will be returned along with penalty at the rate of Rs.50/-per day. Consequently when the opposite party was contacted, the money was not returned. Consequently after serving notice, the present complaint has been filed.

(3.) Appeal No.1561/2002 has been filed by the complainant/respondent. Whereas Appeal No.2197/2002 has been filed by the opposite party. Since the matters involved in both the appeals are same, parties' Counsel are also one and the same, it is appropriate that both the appeals be decided by a common judgment.