AKAI BARON INTERNATIONAL LIMITED Vs. RAJINDER PAL SOOD

JUDGEMENT

(1.) Shri Rajinder Pal Sood resident of House No.616, Sector 36b, Chandigarh, purchased one Akai 21" colour television set from the dealers now appellants on 12.6.1997 for Rs.21,990/- after availing a rebate of Rs.6,740/- on account of old T. V. set which was handed over by the purchaser as per the scheme of the dealers. Cash memo bearing No.3822 dated 12.6.1997 is on record. The T. V. set was found defective and after considerable difficulty the appellants exchanged it with another set on 30.6.1997. This set too had a number of faults. It was only showing black and white and not a coloured picture and it was again brought to the notice of the dealers, now appellants. On a complaint instituted by Shri Rajinder Pal Sood, the District Forum-II ordered on 6.11.1998 that the dealers shall refund the price of Rs.21,990 within two weeks and also pay Rs.3,000/- as costs. Aggrieved against it, the present appeal has been attempted.

(2.) During the pendency of this appeal, the appellants made an offer that they would again replace a good T. V. set to the satisfaction of the respondent and the matter was fixed today for this purpose. However, the T. V. could not be replaced and Mr. S. S. Bains, learned Counsel for the appellants has pointed out that there is paucity of stock and if a period of one month is allowed the dealers shall be able to supply a new set to the satisfaction of the respondent. In the circumstances of the case, we hereby modify the impugned order and hold that the appellants shall replace a new and faultless T. V. set within one month to the satisfaction of the consumer at his residential premises, failing which Rs.21,990/- price of the T. V. shall be refunded to the respondent within a period of two months together with costs Rs.3,000/- ordered by the District Forum. Besides this, in case the appellants fail to pay the aforesaid price, they shall also be liable to pay interest @ 18% per annum from the date of this order till realisation. Order modified.