XEROX INDIA LTD Vs. B D CHAWLA

JUDGEMENT

(1.) -THIS is an appeal under Section-15 of the Consumer Protection Act, 1986 (hereinafter called the 'act') against the judgment and order dated 7. 12. 2006 passed by the District Consumer Forum, Saharanpur in Complaint Case No. 2/2000.

(2.) HEARD Mr. S. C. Dhasmana, Advocate learned Counsel for the appellant and Mr. B. D. Chawla in person and perused the impugned judgment and order and other materials available on record.

(3.) THE order in question was assailed by the learned Counsel for the appellant on the ground that in the instant case as and when the needful services were required in terms of the warranty the same had been provided to the Photostat machine and the machine in question in fact was not suffering from any inherent manufacturing defect but the learned District Forum swayed away by the irrelevant consideration allowed the complaint and ordered for the replacement by a new photocopier machine after accepting the sold Photostat machine and also awarded a sum of Rs. 10,000 as compensation towards the mental pain and agony and Rs. 1,000 towards the costs of the suit. In the event of non-payment of the awarded sum within 45 days, a further 10% payment liability of interest was saddled.