SOMESHWAR PRASAD SINHA Vs. MITHILA DEVI

JUDGEMENT

(1.) The two issues to be considered in this case is whether the complainant is a consumer within the meaning of Consumer Protection Act and, if so, whether he has received the refund of the cost of defective printing machine supplied to him which was allegedly paid in cash.

(2.) The case of the complainant is that a loan was sanctioned to the complainant by Bank of Baroda, Nawab Ganj Road Branch for the purchase of machines and instruments from Someshwar Prasad Sinha-opposite party No. 1, the quoted price being Rs. 66,390 and margin money being Rs. 1,390. The complainant alleged that OP No. 1 supplied him with an old machine together with a cutting machine valued at Rs. 18,200, but the perforating machine valued at Rs. 2,000 was not supplied. The opposite party sent the machine to one Sardar Santosh Singh along with two persons who opened the machine and cited many deficiencies and took away the machine for its repairs and it was not returned to the complainant. Accordingly, the complainant filed a claim for Rs. 84,091 together with interest and other expenses before the District Forum. The opposite party contested the case by admitting that he has received Rs. 66,390 from the complainant but denied that the machine was defective and alleged that it was damaged due to its wrong use by the complainant. He submitted that he refunded the entire amount. The District Forum decreed that the opposite party shall pay Rs. 49,200 within a month with interest @ 15% from 29.2.1992 till the date of payment with Rs. 200 as cost and Rs. 2,000 as compensation.

(3.) Complainant filed an application for execution of the order and after hearing the parties the District Forum passed the following order : <FV>"Opposite parties are served through Registry. They have not complied with the decree and, therefore, opposite parties are sentenced to 3 months imprisonment and a fine of Rs. 500 under Section 27. Complainant has also filed an affidavit in support of her statement. For recovery, warrant and letter be issued under Section 25 of the Consumer Protection Act."</FV>