RAJENDRA KUMAR JAIN Vs. RADHA KRISHAN ENTERPRISES

JUDGEMENT

(1.) This revision petition has been filed by petitioner against order dated 5.6.2015 passed by State Commission in Appeal No. 783/2014- Radha Krihsan Enterprises Vs. Rajendra Kumar Jain; by which while allowing appeal, order of District Forum allowing complaint was set aside.

(2.) Brief facts of the case are that complainant/ petitioner purchased one table manufactured by Kurl On Co. from opposite party/ respondent on 7.12.2012 for a sum of Rs. 4,188/- on representation by OP that table is of high quality and two years guarantee was given. It was further submitted that after two months upper and lower glasses came out and table became un-useable. Complainant approached opposite party for repairs on 12.3.2013 but opposite party sent Mistri for repair on 23.10.2013 who intimated that there was no manufacturing defect in the table. Alleging deficiency on the part of opposite party, complainant filed complaint before District Forum. Opposite party resisted complaint and submitted that complainant himself selected the purchased table and no guarantee/warranty of two years was given and there was no manufacturing defect in the table. It was further submitted that no complaint was made after two months and complainant made complaint on 23.10.2013 and on the same day Mistri was sent who did not find any manufacturing defect. Complainant wanted replacement of table after using it for 10 months even without impleading manufacturer as a party and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed opposite party to repair table or refund Rs. 4,188/- alongwith compensation of Rs. 1,000/- and cost of litigation of Rs. 1,000/-. Appeal filed by opposite party was allowed by Learned State Commission vide impugned order against which this revision petition has been filed.

(3.) Heard Learned Counsel for petitioner and perused record.