1. The undisputed facts of complainant's case is as follows:-

On 12-12-2007, the complainant entrusted his washing machine with the opposite party for its repairs. The opposite party agreed to rectify the defects of the machine for Rs. 2,300/-. Out of that amount Rs. 500/- was received by way of advance, subsequently he has received the balance amount also. Despite repeated requests, the opposite party has neither repaired nor returned the appliance. On 10-05-2008, the complainant has caused a lawyer notice requesting him either to return the machine or pay the price of a new one. But he has not paid any attention to the notice. Hence, the complainant approaches this Forum seeking directions against the opposite party for repair or return the machine or in the alternative for payment of the price and compensation and cost.




2. Though notice of this complaint was served on the opposite party, none appeared for him and hence proceeded as ex-parte. The complainant was examined as PW1 and Exts. A1 and A2 were marked from his side. After closing the evidence, the counsel for the complainant was heard.



4. Points looked upon by us :-

i) Whether the complainant is entitled to get the

machine repaired or its price?

ii) Compensation and costs?




5. Point Nos. i) & ii) :- Ext. A1 repair slip dated 06-12-07 would show that the opposite party took possession of the washing machine under dispute. According to the complainant, the opposite party has received a total sum of Rs. 2,230/- by way of rectification charges from him and till date the gadget is with the opposite party. Ext. A2 copy of the lawyer notice would show that he has taken his earnest effort to settle the issue before approaching this Forum. There is no evidence before us to disprove the contentions of the complainant.



6. It appears that the complainant has been deprived of enjoying the benefits of the device by the opposite party a service provider ever since 06-12-2007. Now a days, gadget the present one are like essential for day to day life. In the above circumstances, we can safely come to the conclusion that the complainant is entitled to receive back the machine forthwith. But the reason for keeping the same in possession is best known to him only. If the opposite party is not in a position to return the same he is liable to pay the present price. The complainant has not produced any material to show the age and price of the device, hence we fix the price as Rs. 5,000/-. Naturally, the complainant has suffered lot of mental pain and suffering due to the evasive attitude of the opposite party. Thereby, he is liable to pay compensation to the complainant. The above attitude of the opposite party compelled the complainant to approach this Forum to get his grievance redressed, and therefore, the complainant is entitled for cost of the proceedings also.




6. Thus, we allow the complaint and direct that,

i) the opposite party shall forthwith return the washing machine of the complainant or in the alternative pay Rs. 5,000/- being the present price of the same to the complainant.

ii) the opposite party shall pay compensation of Rs. 2,000/- towards mental agony suffered by the complainant together with cost of Rs.1,000/-.

iii) the above amounts shall carry 12% interest p.a. from the day fixed for the compliance of the order till realisation.

The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.