TITAN INDUSTRIES LTD Vs. RAJENDRA M NAIK

JUDGEMENT

(1.) This appeal is directed against the order, dated 19.7.1999, passed by the District Forum in Complaint No.21/98 whereby the learned Forum has allowed the respondent No.1's complaint and directed the appellant to refund to the said respondent an amount of Rs.2,500/- with interest at the rate of 12.5% per annum from 16th March, 96 till the full realization of the amount.

(2.) The respondent No.1 has filed a complaint against the appellant and the respondent No.2 alleging that he had purchased a wrist watch from opposite party No.2 of Make Titan on 16.3.1996 for a price of Rs.2,075/-. The watches are manufactured by opposite party No.1 and opposite party No.2 is its dealer. The opposite party No.1 advertised the watch as water resistent. In June-July, 1996 there was entry of water in the wrist watch during the rainy season and the watch stopped functioning. At that time the opposite party No.2 replaced it. In July, 1997, also in rainy season, the watch again went out of order. The respondent No.1 asked for the refund but, this time, the opposite parties failed to replace it stating that the watch was not waterproof but simply water resistent.

(3.) The case of the opposite party No.1 is that water resistent watch means a watch which can resist water upto 3 ATMs, equivalent to a pressure at 30 mts. depth of still water. Some reasonable care is expected to be taken to cover the watch from heavy rains so as to prevent the avoidable thrust of water in the watch. The watches water resistent and waterproof are different and their meaning is also different.