VIDEOCON INTERNATIONAL LTD Vs. ANIL KUMAR

JUDGEMENT

(1.) For having sold a defective automatic washing machine the appellant has been, vide its order dated 1.10.2002 passed, by the District Forum directed to refund the cost of Rs.9,000 along with interest @ 9% per annum from the date of purchase till the date of payment and also pay Rs.5,000 as compensation besides Rs.1,000 as litigation expenses.

(2.) The impugned order being an ex parte order has been assailed through this appeal firstly, on the ground that the appellant was not given an opportunity of being heard and secondly, that the respondent had taken contradictory stand inasmuch as that after washing machine developed glitches he made a complaint which was duly attended to and, subsequently, the machine was changed by another machine and, therefore, there is no deficiency in service on its part. However, appellant has also challenged the legality of awarding of interest by the District Forum

(3.) We have perused the impugned order and find that the defect pointed out by the respondent could not be rectified and, therefore, a second machine was given to the respondent in lieu of old machine but the new machine did not function at all. As regards the grievance of the appellant as to the award of interest which is justified, as interest is awarded only where there are equitable grounds particularly when there is no such term of contract between the parties.