SWASTHIK ENGINEER Vs. JAGTIAL CONSUMERS WELFARE COUNCIL JAGTIAL

JUDGEMENT

(1.) The opposite party in CD 117/94, District Forum, Karimnagar i. e. , Swasthik Engineer, Trissur preferred this appeal questioning the order of the District Forum, where by it directed the opposite party (1) to replace the defective goods with new goods of similar description free from defects on the complainant paying Rs.57,500/- or refund to the second complainant a sum of Rs.40,000/- with interest 18% p. a. from 12.5.93, Rs.40,000/- with interest @ 18% p. a. from 4.6.93 Rs.10,000/- with interest @ 18% p. a. from 15.10.93 and Rs.10,000/-with interest at @ 18% p. a. from 4.1.94 till the date of payment, (2) to pay Rs.25,000/- towards compensation to the second complainant, and (3) to pay costs of Rs.500/-.

(2.) The above complaint was filed by Jagtial Consumers Welfare Council, Jagtial represented by its Secretary and Jagtial Tyres represented by George E. Jocob against the Swasthik Engineering.

(3.) The case of the complainants was that the second complainant placed an order on 9.11.92 with the opposite party for supply of tyre retreading machine mentioned as items 1 to 6, at a price of Rs.2,55,000/-. According to the complainant, initially an advance of Rs.40,000/-was paid on 12.5.93 and the balance was agreed to be paid in instalments and that after taking into account the instalments paid, an amount of Rs.80,000/- was due. But the opposite party sent a bill for Rs.1,57,500/- instead of Rs.2,22,500/-. Therefore, the opposite party adopted an unfair trade practice and disruptive method.