JAGJIT SINGH Vs. MAHAJAN AND COMPANY

JUDGEMENT

(1.) The complainant, Jagjit Singh alias Gurjit Singh, aged 60 years instituted a complaint against M/s. Mahajan and Company, the local dealer and M/s. Haryana Coir Product (P) Limited, the manufacturer for supplying defective mattresses on 29.4.1996. The District Forum-I, Chandigarh on 11.9.1998 held that the complainant is entitled to Rs.3,200/- as part of the price of mattresses and not the entire sum of Rs.3,625/- paid at the time of purchase. The grievance of complainant is that there should have been no reduction of Rs.425/- and he is entitled to refund of full price.

(2.) The brief facts are that the appellant/ complainant purchased a pair of Coirlene Royal Gold mattresses and one pair of pillows from M/s. Mahajan and Company, respondent No.1 on 29.4.1996 for a total sum of Rs.3,900/- vide receipt Annexure-I. The period of warranty was 365 days. The pillows were satisfactory and their price was Rs.275/-. However the mattresses lost their shape and strength within a period of 3 months. When the complainant approached, the dealer changed and delivered a new set of mattresses in the month of October, 1996. However, the replaced mattresses also started sagging and loosing shape. The complainant was again dissatisfied. He served a legal notice in writing and ultimately instituted a complaint on 28.4.1997. The dealer did not appear in the District Forum nor here despite service. The allegations made in the complaint have been supported by the affidavit and receipts Annexures-I and II and are well established. The learned Counsel for the appellant has stressed that once the District Forum-I was satisfied that the mattresses supplied were not according to the promise, the consumer was entitled to a total refund. While arriving at a conclusion in such a case the facts and circumstances are to be seen. The original set was utilised by the complainant/appellant for three months and similarly the substitute supplied was also utilised for a couple of months. It is admitted that the mattresses were made of coir, the complainant himself had not been keeping well and in such a case minor reduction in refund allowed by the District Forum-I for user does not call for interference.

(3.) However, we hereby hold that the complainant shall be entitled to interest @ 18% per annum, if the refund is not made within two months of the pronouncement of this pronouncement. With this modification the appeal stands disposed of. Announced.