RAMAKRISHNA AGENCIES Vs. B NAGESWARA RAO

JUDGEMENT

(1.) The complainant purchased Videocon Video Cassette Player from the opposite party for a sum of Rs.13,500/-. It is the case of the complainant that immediately thereafter display of the picture was in a zig-zag condition. According to him, he went to the shop on 14.5.1992 and even then the display of the picture was still in a zig-zag condition. Under instructions of the shop man he went to Tirupathi for rectification of the defect. According to him, he went 12 times to the shop of the opposite party as well as to other places as directed by him, he incurred an expenditure of Rs.1000/-. He therefore prayed for replacement of the set or otherwise to pay him a sum of Rs.3,500/- in addition to costs incurred by him of Rs.1000/- and a compensation of Rs.10,000/-. The District Forum observed that even during the pendency of the case, the opposite party did not agree to undertake repair to the set. It therefore directed the opposite party to replace the Videocon cassette player by a similar new set or by Rs.13,500/- being the cost of the Videocon Video cassette player and further directed the payment of a sum of Rs.2000/- as compensation. The appeal came up for hearing, and during the course the appellant's Counsel agreed to effect repairs to the set at his own cost. Having regard to the said submission, we consider that the direction, to replace the same with a new set or payment of Rs.13,500/- is liable to be set aside. We accordingly set aside that portion of the order of the District Forum and direct the appellant herein to effect the necessary repairs to the set purchased by the complainant to avoid display of zig-zag condition of the picture within a period of one month from the date of handing over of set at their own expenses. The complainant may handover the said set to the opposite party within 15 days from today.

(2.) It is next submitted that the complainant claimed Rs.1000/- expenditure by way of costs but District Forum awarded Rs.2000/-. In the circumstances of the case, since the appellant agreed to repair the set at his own costs, we modify the direction of the District Forum by substituting Rs.1000/- in place of compensation of Rs.2000/-. In the result, the appeal is allowed to the extent mentioned above. The order of the District Forum is set aside with regard to direction to replace a new set or in the alternative to pay Rs.13,500/-. There is no order as to costs. Appeal allowed to the extent mentioned above.