RAMESH PRABHAKAR CHANDANE Vs. FORWARD TELEVISION LIMITED

JUDGEMENT

(1.) This petition is by the original complainant who was held entitled to return T. V. and the return of the price from the opposite party Nos.1,2 and 3. In appeal before the State Commission, this order was modified. The original order was for return of the T. V. to the opposite parties and the opposite parties including the manufacturer and the dealer, to refund the price of Rs.10,000/-. The State Commission passed this order in Appeal Nos.469 and 499/94 and directed that the opposite parties should carry out the repairs and make the T. V. in working condition and that if this is not done within the period of 2 weeks, the opposite party has to pay 25% penalty. In the execution before the District Forum being Execution Case No.45/98, the District Forum interpreted this order in an erroneous way. The District Forum felt that if the payment of penalty is made, the entire matter should be squared up. Accordingly, the opposite party paid the penalty after deducting the outstanding amount from the complainant and the District Forum observed that this was the total compliance of the order passed by the State Commission. We are rather constrained to observe that this is the erroneous interpretation of the order. In the first instance, the period of 15 days was prescribed for carrying out the repairs. If that was not done, the opposite party shall to pay 25% as penalty to the original complainant. However, this cannot be construed to mean that the original order of repair is totally displaced or obliterated. As a matter of fact the lapse of period of 2 weeks did not absolve the opposite parties from the obligation to the repair of the T. V. During the course of proceedings, it is found that the mechanic of the opposite party observed that the T. V. was beyond repair. That the T. V. was a old model and the spare parts were not available. This would mean that the T. V. cannot be repaired and if that relief cannot be implemented, the natural course would be that the opposite party must refund the price which is Rs.10,000/-. Accordingly, we pass the following order : order "the Revision Petition is allowed. The opposite parties shall refund Rs.10,000/- to the complainant within 8 weeks of the communication of this order, failing which the said amount shall carry interest of 15% from the date of the order by the State Commission dated 7.2.1996. The District Forum shall accordingly, carry out the execution of the order. No separate order as to costs. "