SATISH MANIKLALJI BAHETI Vs. KU. MONIKA

JUDGEMENT

(1.) The present Revision Petition has been filed before this Commission under Section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 04.04.2013 in Appeal No. 1545 of 2001passed by the State Consumer Disputes Redressal Commission (in short, 'State Commission'). The State Commission dismissed the appeal which was filed against the order passed by the District Consumer Disputes Redressal Forum, (in short, 'District Forum') in Complaint No. 149/1996, whereby it allowed the complaint.

(2.) Brief facts of this case are: The Complainant had purchased a display monitor on 10.02.1995 for her STD/PCO shop at the cost of Rs.21,000/- from the Opposite Party, Mr. Satish Maniklalji Baheti, who is a dealer of DIGI Control Northern Pvt Limited. The STD/PCO was allotted under Educated Un-employed Scheme. After one month, the OP took the display monitor from the Complainant's STD/PCO with a promise to return the display monitor to the Complainant, with same number. The OP informed the Complainant that the said monitor has been called by the Company. The OP kept the old monitor model CPD. The said old monitor was not working properly. Even after lapse of one year, with the repeated requests, the OP did not return the original monitor model TCBSI. The Complainant had spent Rs.4,000/- for repairing the old monitor, which also went out of order. Thus, on 17.04.1996 the Complainant served a registered notice to the OP to return the TCBSI monitor, with Rs.10,000/- towards the loss and Rs.5,000/- towards mental torture. But the legal notice was returned back with the remarks, "Not available, for 7 days".

(3.) Hence, the Complainant approached the District Forum, Amravati with the prayer directing OP to supply a brand new original TCBSI monitor or to pay Rs.21,000/- with the interest @ 24% p.a., Rs.25,000/- as damages with Rs.5,000/- for mental agony. The District Forum allowed the complaint and ordered the OP to refund Rs.21,000/- with interest @ 12% per annum from 03.06.1996 plus Rs.5,000/- towards mental agony and Rs.2,000/- as costs.