SADANA ELECTRICALS Vs. REETA RANI GUPTA

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 5.3.1994 passed by District Forum, Lucknow in Complaint Case No.303/1992. The facts of the case stated in brief are that the complainant purchased from the opposite party M/s. Sadana Electricals, Nishatganj, Lucknow one brown colour-Voltas fridge priced at Rs.7,300/-. It was informed by the dealer that brown colour fridge is not available at present and delivery of the same can be made after two days at her residence. The complainant came back to her house but the fridge was not delivered as promised. Thereafter the complainant alongwith her husband went to the shop of the dealer and they were assured that they need not again visit the shop and the fridge shall be delivered at their residence very soon. Inspite of this assurance the fridge was not sent and hence the complainant is entitled to refund of Rs.7,300/- alongwith 18% interest in the form of loss. Now the complainant does not wish to purchase another fridge.

(2.) On behalf of the opposite party it was alleged in written statement that on 4.1.1991 brown colour Voltas fridge was booked for Rs.7,300/-. As the fridge was not available at that time, the complainant was assured that it would be delivered to her when available within two days. When an order was sent to the Company for brown colour fridge, on 7.1.1991 it was informed that brown colour fridge is not available and it will be delivered when it is received in stock. The opposite party has not given any assurance to the complainant that brown colour fridge will be given within two days. It was also informed that if brown colour fridge is available in stock then it should be delivered otherwise it will not be delivered. It is wrong to say that the dealer does not wish to give the fridge to the complainant.

(3.) It has further been alleged by the opposite party that a Complaint No.368/1991 was lodged against the opposite party on 22.3.1992 which was decided. Hence the present complaint is not maintainable. The complainant is entitled to the cost of the fridge and no other amount.